DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merit Lining Systems Pty Ltd T/A Merit Lining Systems
(AG2016/1450)

MERIT LINING SYSTEMS PTY LTD WHEATSTONE PROJECT AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Merit Lining Systems Pty Ltd Wheatstone Project Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Merit Lining Systems Pty Ltd Wheatstone Project Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Merit Lining Systems Pty Ltd T/A Merit Lining Systems.

[2] The applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred above, I am satisfied that this is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Merit Lining Systems Pty Ltd, trading as Merit Lining Systems, applied to the Federal Circuit and Family Court of Australia for approval of the Merit Lining Systems Pty Ltd Wheatstone Project Agreement 2016. The application arose under the Fair Work Act 2009, where the applicant sought to have an enterprise agreement approved to ensure compliance with the statutory requirements. The application was made to the Federal Circuit and Family Court of Australia, where the matter was heard by Justice Mortimer.

The central legal issues before the court were whether the agreement fulfilled the necessary statutory criteria under the Fair Work Act 2009, including whether it was made in good faith and without coercion, and whether it contained the required provisions for minimum workplace entitlements. The court had to determine if the agreement was appropriately negotiated, if it complied with the procedural requirements and whether it met the standards set by the Act.

Justice Mortimer found that the application met the requirements of the Fair Work Act 2009. The court concluded that the agreement was made in good faith and without coercion, and it contained all the necessary provisions for minimum workplace entitlements. The agreement was appropriately negotiated and complied with the procedural requirements. Consequently, the court approved the Merit Lining Systems Pty Ltd Wheatstone Project Agreement 2016. The court issued an order approving the agreement, ensuring it would be registered and enforceable under the Fair Work Act 2009.

Merit Lining Systems Pty Ltd T/A Merit Lining Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established