DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesh & Bar Pty Ltd
(AG2018/7309)

MESH & BAR PTY LTD - VIC ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2019

Application for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2018.

[1] Mesh & Bar Pty Ltd has been made an application for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 3 April 2019 and, in accordance with s 54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 10 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2018. The applicant, Mesh & Bar Pty Ltd, sought approval from the Fair Work Commission (FWC). The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement complied with the legislative criteria, including the coverage of the agreement, its procedural fairness, and its substantive fairness.

The legal issues before the FWC required careful consideration of several statutory provisions. Primarily, the court had to assess whether the agreement was made in good faith and whether it complied with the procedural fairness requirements. The FWC also needed to determine if the agreement met the "better off overall test" and whether it included the minimum terms and conditions as required by the Act. Furthermore, the FWC examined if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The FWC found that the application satisfied the necessary legal criteria for approval. The agreement was made in good faith, and the process for its negotiation and execution was deemed fair. The FWC concluded that the agreement met the "better off overall test," ensuring that the employees were not worse off than they would have been under their previous terms of employment. Additionally, the FWC determined that the agreement included all required minimum terms and conditions, and it was consistent with the relevant legislative framework. Consequently, the FWC approved the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2018.

The FWC issued orders approving the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2018, effective from the date of the decision. The agreement was registered under the Fair Work Act 2009, and it now governs the employment conditions of the relevant employees. The decision ensures that the agreement provides a fair and balanced outcome for both the employer and the employees, meeting all necessary legal requirements.

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