DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesh & Bar Pty Ltd
(AG2015/5803)

MESH & BAR PTY LTD - VIC ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd – VIC Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 29 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mesh & Bar Pty Ltd applied for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2015 before the Fair Work Commission. The applicant is an employer and the respondents are trade unions representing the employees. The dispute concerns the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment. This involved assessing whether the agreement met the "better off overall test" which requires that employees be no worse off financially and, in some cases, better off overall. Additionally, the Commission needed to ensure that the agreement was made in good faith and did not undermine the protection of workers' rights.

In delivering its decision, the Fair Work Commission examined the content of the proposed agreement in detail. The Commission noted that the agreement contained provisions that were largely consistent with the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it passed the better off overall test. The Commission also determined that the agreement was made in good faith and did not undermine the protection of workers' rights. As a result, the Fair Work Commission approved the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2015.

The Fair Work Commission's final orders included the approval of the enterprise agreement, subject to the terms and conditions set out in the decision. The agreement was to be registered and would come into effect on the date specified in the decision. The approval was made contingent upon the employer and unions adhering to the terms of the agreement, and the Commission retained the right to review the agreement if any issues arose in the future.

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