DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mersen Oceania Pty Ltd
(AG2017/4002)

AMWU AND MERSEN OCEANIA PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2017

Application for approval of the AMWU and Mersen Oceania Pty Ltd Collective Bargaining Workshop Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mersen Oceania Pty Ltd. The Agreement is a single enterprise agreement.

[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 to above, 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.

[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 15 December 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEUXRE A

CaseChat Overview and Summary

Mersen Oceania Pty Ltd, the applicant, sought approval of a collective bargaining workshop agreement with the Australian Manufacturing Workers' Union. The dispute was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement complied with the Fair Work Act 2009, particularly concerning the process and fairness of its development. The Commission needed to determine if the agreement was genuinely negotiated and whether it provided adequate protections for employees.

The Commission found that the agreement was the result of genuine negotiations between the parties. It observed that Mersen Oceania had demonstrated a commitment to the negotiation process, which was conducted in a fair and transparent manner. The agreement was considered to provide fair terms and conditions for employees, with appropriate mechanisms for resolving disputes. The Commission also noted that the agreement did not undermine the rights of employees and provided adequate protections, including provisions for minimum wages and entitlements.

The Fair Work Commission approved the application, finding that the agreement met all statutory requirements and was fair and reasonable. The Commission was satisfied that the agreement was genuinely negotiated and provided for fair terms and conditions for employees. The decision confirmed that the collective bargaining process was conducted appropriately and that the agreement was in the best interests of both parties.

No additional orders were made.

Mersen Oceania Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established