Mesh And Bar Pty Ltd

[2024] FWCA 4393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mesh And Bar Pty Ltd

(AG2024/4465)

MESH & BAR PTY LTD - VIC ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 10 DECEMBER 2024

Application for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mesh and Bar Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 7.7.3 – Public Holidays

However, noting clause 1.3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2024. The nominal expiry date of the Agreement is 17 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mesh & Bar Pty Ltd sought approval for their enterprise agreement, which had been negotiated with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application for approval was made to the Fair Work Commission, the tribunal responsible for regulating industrial relations matters in Australia. The dispute centred around whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009 and whether it appropriately covered the essential terms and conditions of employment.

The key legal issues addressed by the Commission included whether the agreement had been made in accordance with the prescribed processes, whether it included all mandated terms and conditions, and whether it was fair and reasonable. The Commission also considered whether the agreement provided appropriate protections for employees and whether it aligned with broader industrial relations policies. Specifically, the Commission evaluated the provisions regarding wages, hours of work, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Commission examined the negotiation process and found it to be compliant with the statutory requirements. It determined that the agreement contained all the necessary terms and conditions and that these provisions were fair and reasonable. The Commission noted that the agreement provided adequate protections for employees and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2024.

As a result of this decision, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect and regulate the terms and conditions of employment for the employees of Mesh & Bar Pty Ltd. This approval ensures that the agreement will provide a stable framework for industrial relations within the company, facilitating better relations between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established