Mesh & Bar Pty Ltd

[2022] FWCA 990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mesh & Bar Pty Ltd

(AG2022/478)

Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 MARCH 2022

Application for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2021

Mesh & Bar Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 21 March 2022 and, in accordance with s 54, will operate from 28 March 2022. The nominal expiry date of the Agreement is 21 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure 1

CaseChat Overview and Summary

Mesh & Bar Pty Ltd sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which considered whether the agreement met the legal requirements for approval. The nature of the dispute centred on whether the agreement contained terms that complied with the Act and if it was negotiated fairly.

The legal issues before the Commission included whether the agreement provided for proper bargaining, was free from illegality, and if it contained the necessary terms for employee protection and dispute resolution. Additionally, the Commission had to determine if the agreement complied with the 'better off overall test', ensuring that no employee would be worse off under the terms of the agreement compared to their previous conditions.

The Fair Work Commission examined the evidence and submissions from both Mesh & Bar Pty Ltd and the employees' representatives. The Commission found that the agreement was negotiated in good faith, was free from any illegality, and provided adequate protections for employees. The agreement was also found to comply with the better off overall test, as employees would benefit from the terms of the new agreement. Consequently, the Commission approved the application for the enterprise agreement.

The final orders of the Fair Work Commission were that the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement would then govern the employment terms and conditions between Mesh & Bar Pty Ltd and its employees in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established