Mesh & Bar Pty Ltd Summary

[2025] FWCA 2251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mesh & Bar Pty Ltd

(AG2025/2091)

MESH & BAR PTY LTD SUNSHINE COAST ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2025

Application for approval of the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

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

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2025, submitted by the employer. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009, including that it facilitated the improved productivity, efficiency and profitability of the employer's business, and that it was made in good faith and not for the purposes of defeating the purpose of the Act. The application was opposed by the union, which raised concerns about several provisions within the agreement.

The Commission was required to determine whether the agreement was in accordance with the Act and whether it had been made in good faith and not for the purposes of defeating the purpose of the Act. The union's concerns centred on specific provisions related to hours of work, overtime, shift arrangements and penalty rates. The Commission examined the evidence presented by both parties and considered the legal framework governing enterprise agreements.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and did not defeat the purpose of the Act. The Commission noted that the agreement contained provisions that facilitated the productivity, efficiency and profitability of the employer's business. The Commission also found that the provisions raised by the union did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2025. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and was made in good faith. The Commission rejected the union's concerns about specific provisions within the agreement and determined that the overall fairness of the agreement was not undermined.

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