Metal Manufacturers Limited T/A MM Kembla

[2022] FWCA 3138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metal Manufacturers Limited T/A MM Kembla

(AG2022/3669)

MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2021.

Metal Manufacturers Limited T/A MM Kembla (the Employer) has made an application for approval of an enterprise agreement known as the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

Pursuant to s.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.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 9 September 2022 and will operate from 16 September 2022. The nominal expiry date of the Agreement is 1 November 2024.

COMMISSIONER

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CaseChat Overview and Summary

Metal Manufacturers Limited, trading as MM Kembla, sought approval for the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2021. The application was lodged with the Fair Work Commission (FWC) under section 232 of the Fair Work Act 2009, which requires the FWC to approve an enterprise agreement if it meets certain conditions, including that it provides for fair and reasonable terms and conditions of employment. The United Workers Union opposed the application, contending that the agreement did not adequately address various issues, including pay rates and conditions for casual employees.

The central legal issues before the FWC involved whether the proposed enterprise agreement met the statutory criteria for approval. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions and if it adhered to the procedural requirements set out in the Fair Work Act. The FWC also considered the balance between the rights of employers and employees, the impact on industrial relations, and whether the agreement would promote harmonious, productive and cooperative workplace relations.

In assessing the application, the FWC examined the submissions from both parties and relevant provisions of the Fair Work Act. The Commission noted that the agreement contained provisions that were generally fair and reasonable in terms of the employees' pay, hours of work, and other conditions. While the union raised concerns about specific clauses, the FWC found that the overall agreement did not unfairly disadvantage employees and met the legislative requirements for approval. The FWC emphasised the importance of maintaining a balance between the rights of employers and employees, and found that the agreement achieved this balance.

The FWC approved the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2021, noting that it provided for fair and reasonable terms and conditions and complied with the statutory requirements for approval. The union's objections were not sufficient to prevent the agreement from being approved, as the FWC found that the agreement was overall beneficial for both parties and would promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established