DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mersen Oceania Pty Ltd
(AG2020/759)

AMWU AND MERSEN OCEANIA PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 APRIL 2020

Application for approval of the AMWU and MERSEN OCEANIA PTY LTD Collective Bargaining Workshop Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and MERSEN OCEANIA PTY LTD Collective Bargaining Workshop Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mersen Oceania Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Mersen Oceania Pty Ltd, the Australian Industrial Relations Commission was tasked with considering the application for approval of a collective bargaining workshop agreement between the Australian Manufacturing Workers' Union (AMWU) and Mersen Oceania Pty Ltd. The primary focus of the dispute was the procedural fairness of the negotiations and the content of the proposed agreement. The AMWU sought approval of the agreement, which aimed to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms.

The legal issues that the Commission needed to address included whether the negotiations were conducted in a procedurally fair manner, as mandated by the Fair Work Act 2009. This involved examining whether the AMWU had properly represented its members, whether Mersen Oceania Pty Ltd had engaged in good faith bargaining, and whether the terms of the proposed agreement were fair and reasonable. Additionally, the Commission had to determine if the proposed agreement complied with the relevant statutory provisions and whether it was consistent with the broader principles of industrial relations law.

The Commission conducted a thorough review of the evidence presented by both parties. It found that the AMWU had adequately represented its members and that Mersen Oceania Pty Ltd had engaged in good faith negotiations. The Commission also concluded that the terms of the proposed agreement were fair and reasonable, and that it complied with the statutory requirements. The Commission was satisfied that the agreement promoted the principles of industrial relations law, including fairness and good faith. Consequently, the Commission approved the proposed collective bargaining workshop agreement.

The final orders of the Commission included the approval of the AMWU and Mersen Oceania Pty Ltd Collective Bargaining Workshop Agreement 2019, recognising its validity and enforceability under the Fair Work Act 2009. The decision reinforces the importance of procedural fairness in collective bargaining and the role of the Commission in ensuring that agreements are fair and reasonable for all parties involved.

Mersen Oceania Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established