DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metal Manufacturers Limited T/A MM Kembla
(AG2017/5104)

MM KEMBLA UNION ENTERPRISE AGREEMENT - 2017-2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the MM Kembla Union Enterprise Agreement - 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the MM Kembla Union Enterprise Agreement - 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metal Manufacturers Limited T/A MM Kembla. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] 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.

[5] The Agreement lodged contained an error at clause 3. On 14 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 14 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metal Manufacturers Limited, trading as MM Kembla, applied to the Fair Work Commission for approval of the MM Kembla Union Enterprise Agreement for the years 2017 to 2020. The primary dispute centred on the terms and conditions outlined within the agreement, specifically those pertaining to employee wages, hours of work, and other related matters. The Commission was tasked with determining whether the agreement complied with the provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the Commission were multifaceted, primarily revolving around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Key considerations included whether the agreement provided for minimum rates of pay and conditions, whether it allowed for fair and reasonable terms and conditions, and if it was procedurally valid. Additionally, the Commission had to assess whether the agreement would cause undue hardship to the employer, thereby ensuring a balance between the rights of employees and the operational needs of the employer.

In delivering its decision, the Commission examined the submissions and evidence presented by both parties. It determined that the proposed agreement largely adhered to the statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission found that the agreement included adequate provisions for minimum rates of pay and conditions, and that it would not cause undue hardship to the employer. Consequently, the Commission approved the MM Kembla Union Enterprise Agreement for the period 2017 to 2020, thereby resolving the dispute in favour of the applicant.

Metal Manufacturers Limited T/A MM Kembla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established