DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesh & Bar Pty Ltd
(AG2020/3737)

MESH & BAR PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 23 DECEMBER 2020

Application for approval of the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2016 (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] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mesh & Bar Pty Ltd sought approval of the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2016. The application was brought by Mesh & Bar, an employer in the construction industry, to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute centred around the validity and procedural fairness of the agreement, as well as its compliance with the Act's requirements.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether it met the standards of good faith bargaining and procedural fairness. Additionally, the Commission had to determine if the agreement was within the scope of the Act's coverage and if it contained all the necessary minimum terms and conditions.

The Fair Work Commission found that the agreement had been made following the proper procedures and that it met the standards of good faith bargaining and procedural fairness. The Commission determined that the agreement was within the scope of the Act's coverage and contained all the necessary minimum terms and conditions. Consequently, the Commission approved the agreement as a registered agreement under the Act.

In summary, Mesh & Bar's application for approval of the enterprise agreement was successful, and the agreement was registered, providing a legally binding framework for the employment relationship between the parties.

Mesh & Bar Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established