Mesh & Bar Pty Ltd

[2013] FWCA 8263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mesh & Bar Pty Ltd
(AG2013/10626)

MESH & BAR PTY LTD - QLD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 OCTOBER 2013

Application for approval of the Mesh & Bar Pty Ltd - QLD Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd - QLD Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 29 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mesh & Bar Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Mesh & Bar Pty Ltd - Queensland Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers’ Union (AMWU), a union representing some of the employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly whether it satisfied the requirements for the Fair Work Commission's approval.

The central legal issues before the Commission were whether the enterprise agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. The AMWU argued that the agreement did not meet the good faith test as it did not provide adequate protections for employees, particularly in relation to redundancy provisions. Additionally, the union contended that there were procedural flaws in the manner in which the agreement was negotiated and finalised.

In considering the arguments, the Fair Work Commission noted that the agreement was negotiated over several months and involved multiple meetings between the employer and the union. The Commission found that the agreement was made in good faith as it represented a genuine attempt to reach a workable and fair agreement. While the union raised concerns about the redundancy provisions, the Commission was satisfied that the terms were reasonable and provided sufficient protections for the employees. Regarding the procedural requirements, the Commission concluded that the process followed was appropriate and that all necessary steps were taken to ensure that the agreement was properly negotiated. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Mesh & Bar Pty Ltd - Queensland Enterprise Agreement 2013, finding that it was made in good faith and complied with the procedural requirements under the Fair Work Act. The union's objections were not upheld, and the agreement was accepted as valid and binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established