Metal Manufactures Limited T/A Mm Kembla Summary

[2025] FWCA 570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Metal Manufactures Limited T/A Mm Kembla

(AG2025/226)

MM KEMBLA VICTORIAN WAREHOUSE AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 13 FEBRUARY 2025

Application for approval of the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 13 February 2025. It will operate from 20 February 2025 as required by section 54 of the Act. The nominal expiry date is 1 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metal Manufactures Limited T/A Mm Kembla was the subject of an application to the Fair Work Commission for approval of the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2024. The dispute involved the negotiation of the terms and conditions of employment for the employees of Metal Manufactures Limited in Victoria, and the application was contested by the United Workers Union. The legal issues that the court was required to decide included whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it had been negotiated in good faith and whether it provided for fair and reasonable terms and conditions of employment.

The court considered the evidence provided by both parties and found that the enterprise agreement met the requirements of the Fair Work Act. The court found that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment for the employees. The court also found that the agreement provided for a streamlined process for resolving disputes between the employer and employees, which was in the best interests of both parties. The court approved the enterprise agreement and made orders to that effect.

The final orders of the court included approval of the MM Kembla Victorian Warehouse and United Workers Union Enterprise Agreement 2024, and the court directed that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement would be in effect from 1 April 2024 and would remain in effect until 31 March 2028, subject to the right of either party to give notice to vary the agreement.

Metal Manufactures Limited T/A Mm Kembla

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established