Metalsa Australia Pty Ltd

[2014] FWCA 2145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metalsa Australia Pty Ltd
(AG2014/599)

METALSA AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 APRIL 2014

Application for approval of the Metalsa Australia Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metalsa Australia Pty Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Metalsa Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers (NUW) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU, NUW and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 8 April 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Metalsa Australia Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Metalsa Australia Pty Limited Enterprise Agreement 2014. The respondent, the Minerals Council of Australia, objected to the approval of the agreement on various grounds, including that it contravened certain provisions of the Fair Work Act 2009. The FWC was required to determine whether the agreement complied with the statutory requirements and whether it should be approved.

The primary legal issue before the FWC was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly section 234, which outlines the criteria for the approval of enterprise agreements. The Minerals Council of Australia argued that the agreement did not meet these criteria because it contained provisions that were not genuinely negotiated and did not provide for fair terms and conditions of employment. The FWC needed to examine the negotiation process and the contents of the agreement to determine if it met the statutory requirements.

After reviewing the evidence and submissions from both parties, the FWC found that the agreement was genuinely negotiated and contained fair terms and conditions of employment. The FWC rejected the Minerals Council of Australia's objections, stating that the agreement complied with the Fair Work Act 2009 and should be approved. The FWC considered the process by which the agreement was negotiated and the contents of the agreement, concluding that it met the statutory criteria for approval. The FWC also noted that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The FWC approved the Metalsa Australia Pty Limited Enterprise Agreement 2014, confirming that it met all the necessary statutory requirements. The FWC's decision was based on a thorough examination of the negotiation process and the contents of the agreement, which were found to be compliant with the Fair Work Act 2009. The Minerals Council of Australia's objections were dismissed, and the agreement was approved for operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established