Mesh & Bar Pty Ltd Summary

[2013] FWCA 1218

FAIR WORK COMMISSION

DECISION

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

Mesh & Bar Pty Ltd
(AG2012/13885)

MESH & BAR PTY LTD - VIC ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 22 FEBRUARY 2013

Application for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2012 (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] On 21 February 2013 an undertaking was provided by Mr David McDonald of Mesh & Bar Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 1 March 2013. The nominal expiry date of the agreement is 29 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Mesh & Bar Pty Ltd – VIC Enterprise Agreement 2012. Mesh & Bar Pty Ltd, the employer, and United Voice, the union, were the parties involved in the dispute. The central issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for fair and equitable terms and conditions of employment.

The legal issues required the Commission to determine if the agreement was a good faith bargaining outcome, provided for minimum terms, and was free from prohibited content. The Commission had to consider if the agreement met the procedural fairness requirement, meaning it was negotiated in good faith, and whether it provided for terms and conditions that were no less favourable than the relevant award or safety net. Additionally, the Commission needed to assess if the agreement contained any prohibited content such as discrimination or unfair terms.

The Commission found that the agreement was a genuine outcome of good faith bargaining and was free from prohibited content. It noted that the agreement provided for terms and conditions of employment that were no less favourable than the relevant award. The Commission was satisfied that the parties had negotiated in good faith and that the agreement met the statutory requirements for approval. Therefore, the Commission approved the Mesh & Bar Pty Ltd – VIC Enterprise Agreement 2012.

The Fair Work Commission approved the agreement and made it a registered agreement under the Fair Work Act 2009. The agreement, which was in effect from 1 July 2012, would now apply to the employees of Mesh & Bar Pty Ltd in Victoria. The approval meant that the terms and conditions set out in the agreement would be binding on the employer and the employees covered by the agreement.

Mesh & Bar Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established