DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metal Manufactures Limited T/A MM Kembla
(AG2020/3220)

MM KEMBLA UNION ENTERPRISE AGREEMENT –2020-2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 NOVEMBER 2020

Application for approval of the MM Kembla Union Enterprise Agreement - 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MM Kembla Union Enterprise Agreement - 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metal Manufactures Limited T/A MM Kembla. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2020. The nominal expiry date of the Agreement is 14 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metal Manufactures Limited, trading as MM Kembla, applied for approval of their Union Enterprise Agreement for the period 2020 to 2023. The dispute involved the Fair Work Commission's assessment of whether the agreement met the requirements under the Fair Work Act 2009. The key issues before the Commission were the validity of certain clauses within the agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms.

The Commission examined the procedural fairness in the negotiation of the agreement and whether it complied with the statutory obligations of good faith bargaining. Issues also arose concerning the clarity and enforceability of the agreement's terms, especially in relation to employee entitlements and the obligations of both parties. The Commission needed to determine if the agreement provided a fair and reasonable framework for employment relations, considering the interests of both employees and the employer.

The Fair Work Commission found that while the majority of the agreement was fair and reasonable, certain clauses required modification to ensure compliance with the statutory framework. The Commission made amendments to specific provisions, particularly those affecting wage progression and the dispute resolution process, to align with the legal standards set out in the Fair Work Act. The modifications were aimed at ensuring the agreement was fair, reasonable, and met the necessary requirements for approval. Ultimately, the Commission approved the agreement with the modifications, ensuring that it would serve as a fair and effective basis for employment relations between the parties.

Metal Manufactures 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