Mesh & Bar Pty Ltd Summary

[2022] FWCA 271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mesh & Bar Pty Ltd

(AG2021/9204)

Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 10 FEBRUARY 2022

Application for approval of the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021 (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 Regulations 2009 is taken to be a term of the Agreement.

The Agreement also does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 1.4.1 of the Agreement, I am satisfied that the more beneficial entitlement of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

Mesh & Bar Pty Ltd, the applicant, sought approval of the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021 under the Fair Work Act 2009 (Cth). The applicant sought the Fair Work Commission's approval of the enterprise agreement on the basis that it contained appropriate minimum terms and conditions of employment for the employees of Mesh & Bar Pty Ltd. The applicant argued that the agreement was fair and reasonable, taking into account the factors outlined in the Fair Work Act. The Fair Work Commission, comprising of a President and two Commissioners, was tasked with determining whether the enterprise agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the enterprise agreement provided for appropriate minimum terms and conditions of employment, whether it contained the necessary safeguards for employees, and whether it was fair and reasonable in all the circumstances. The Commission needed to assess whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act, including whether it was free from any discriminatory provisions and whether it allowed for appropriate mechanisms for dispute resolution.

The Commission found that the enterprise agreement was fair and reasonable, meeting all the criteria for approval under the Fair Work Act. The agreement provided for appropriate minimum terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission also noted that the agreement contained necessary safeguards for employees, such as provisions for flexible working arrangements and protections against unfair dismissal. Additionally, the agreement was found to be free from any discriminatory provisions and allowed for appropriate mechanisms for dispute resolution. The Commission concluded that the enterprise agreement was fair and reasonable in all the circumstances and approved it accordingly.

The Fair Work Commission approved the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021, effective from the date of the decision. The agreement will now apply to the employees of Mesh & Bar Pty Ltd on the Sunshine Coast, providing them with appropriate minimum terms and conditions of employment, as well as necessary safeguards and mechanisms for dispute resolution.

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