Mesh & Bar Pty Ltd

[2021] FWCA 7246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesh & Bar Pty Ltd
(AG2021/8644)

MESH & BAR PTY LTD BRISBANE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2021

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

[1] Mesh & Bar Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd Brisbane Enterprise Agreement 2021 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee bargaining representatives did not provide any views.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 to the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and is taken to be a term of it.

[5] I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s 205(2) of the Act, the model consultation term prescribed by Schedule 2.3 to the Regulations is attached to the Agreement and taken to be a term of it.

[6] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Mesh & Bar Pty Ltd applied to the Fair Work Commission for approval of the Brisbane Enterprise Agreement 2021. The applicant was an employer in the building and construction industry, and the application was made under section 233 of the Fair Work Act 2009. The Commission was required to decide whether the agreement met the requirements of section 230 of the Act.

The central issue before the Commission was whether the agreement contained all the terms and conditions of employment as required by section 230 of the Act. The applicant argued that the agreement was fair and appropriate, meeting the statutory requirements. The Commission considered the application and found that the agreement was compliant with the statutory requirements. The agreement was fair and appropriate, and the Commission approved it.

The Commission considered the application and found that the agreement was compliant with the statutory requirements. The agreement was fair and appropriate, and the Commission approved it. The agreement was considered to be a genuine enterprise agreement, meeting all the requirements of the Act. The Commission approved the application, and the Brisbane Enterprise Agreement 2021 was registered as a registered agreement under the Act.

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