DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metal Manufacturers Ltd
(AG2014/10678)

MM KEMBLA UNION ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 11 DECEMBER 2014

Application for approval of the MM Kembla Union Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the MM Kembla Union Enterprise Agreement 2014-2017 (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 Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and The Australian Workers’ Union, each 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) of the Act I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 14 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metal Manufacturers Limited (MM) applied to the Fair Work Commission (FWC) for approval of the MM Kembla Union Enterprise Agreement 2014-2017. The Australian Manufacturing Workers Union (AMWU) opposed the application, arguing the agreement did not meet the requirements for approval under the Fair Work Act 2009. The FWC was required to determine whether the agreement was appropriate for approval, considering the statutory criteria and whether the agreement was genuinely negotiated.

The primary legal issue was whether the agreement met the statutory requirements for approval under section 231 of the Fair Work Act. The AMWU argued the agreement did not meet the genuine bargaining requirement, as the employer had imposed a series of "take it or leave it" propositions. The employer contended that the agreement was the product of genuine negotiations, despite the use of these propositions. The FWC needed to assess the bargaining process and determine whether the agreement was genuinely negotiated and met the criteria for approval.

The FWC found that, although the employer used "take it or leave it" propositions, the overall bargaining process was genuine. The FWC accepted that the employer and union had engaged in discussions and negotiations, and the propositions were not the sole determinant of the agreement's content. The FWC concluded that the agreement met the statutory criteria for approval, including the genuine bargaining requirement. The FWC approved the MM Kembla Union Enterprise Agreement 2014-2017.

The FWC approved the agreement, finding it met the statutory criteria under the Fair Work Act. The employer's use of "take it or leave it" propositions did not negate the overall genuine nature of the bargaining process. The agreement was approved, effective from the date of the decision.

Metal Manufacturers Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established