Mesh & Bar Pty Ltd

Case [2025] FWCA 2502
[2025] FWCA 2502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mesh & Bar Pty Ltd

(AG2025/2173)

MESH & BAR PTY LTD REDBANK ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries

COMMISSIONER DURHAM

BRISBANE, 29 JULY 2025

Application for approval of the Mesh & Bar Pty Ltd Redbank Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd Redbank Enterprise Agreement 2025 (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.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.

  1. The Agreement 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 (Model Terms) Determination 2025 is taken to be a term of the Agreement.

  1. The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

  1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  2. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.


COMMISSIONER

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Details
AGLC
Mesh & Bar Pty Ltd [2025] FWCA 2502
Case
[2025] FWCA 2502
Decision Date

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Mesh & Bar Pty Ltd sought approval for the Redbank Enterprise Agreement 2025. The application was made under section 233 of the Fair Work Act 2009. The dispute arose between the employer, Mesh & Bar Pty Ltd, and the employees, represented by the Australian Manufacturing Workers' Union. The crux of the matter was whether the agreement met the necessary requirements for approval under the Fair Work Act and did not adversely affect the employees' rights and entitlements.

The legal issues before the Commission centred on the compliance of the agreement with the statutory provisions. Specifically, the Commission needed to determine if the agreement was made in good faith, provided for the fair treatment of employees, and ensured that the terms and conditions were not less favourable than those provided by the applicable awards or the National Employment Standards. Additionally, the Commission examined whether the agreement facilitated the proper operation of businesses and provided for the fair resolution of workplace disputes.

After thorough examination, the Fair Work Commission found that the agreement met all statutory requirements. The Commission acknowledged the good faith efforts of both parties in negotiating the agreement, which provided for fair terms and conditions that aligned with the statutory provisions. The agreement was also found to facilitate the proper operation of businesses and provided for the fair resolution of workplace disputes. Consequently, the Commission approved the Redbank Enterprise Agreement 2025.

The Fair Work Commission ordered the approval of the Redbank Enterprise Agreement 2025, effective from the date of the decision. This decision provides clarity and certainty for both Mesh & Bar Pty Ltd and its employees regarding the terms and conditions of their employment moving forward.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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