DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesh & Bar Pty Ltd
(AG2016/1750)

MESH & BAR PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd New South Wales Enterprise 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 Mesh & Bar Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union 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.

[4] The Agreement was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mesh & Bar Pty Ltd applied for approval of the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2016. The applicant is an employer in the construction industry and the respondent is an industrial organisation representing employees in the industry. The primary dispute was whether the enterprise agreement met the requirements of the Fair Work Act 2009 and if it was appropriate to approve it as a new enterprise agreement.

The legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, and if it provided for terms and conditions of employment that complied with the Act. The Commission had to consider whether the agreement met the good faith bargaining requirements, if it provided for minimum entitlements, and if the agreement was procedurally sound. Additionally, the Commission had to determine if the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement had been made in good faith, contained all the prescribed terms, and provided for minimum entitlements. The Commission was satisfied that the agreement was procedurally sound and met the requirements of the Fair Work Act. The Commission approved the enterprise agreement, finding it to be in the best interests of the employees. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and better working conditions.

The Fair Work Commission approved the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2016 as a new enterprise agreement. The Commission's decision is final and binding on both parties.

Mesh & Bar 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