DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHE-Demag Australia Pty Ltd
(AG2018/6104)

MHE-DEMAG AUSTRALIA PTY LTD SOUTH AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2018-2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 26 MARCH 2019

Application for approval of the MHE-Demag Australia Pty Ltd South Australia Enterprise Bargaining Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the MHE-Demag Australia Pty Ltd South Australia Enterprise Bargaining Agreement 2018-2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by MHE-Demag Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 March 2019.

[3] On 21 March 2019 my Chambers contacted the parties by email and advised that the definition of a shift worker in the Agreement was not for the purposes of the National Employment Standards (NES).

[4] The Applicant has submitted an undertaking in the required form dated 21 March 2019. The undertaking deals with the following topics:

• The definition of a shift worker as outlined in clause 41.3 of the Manufacturing and Associated Industries Award and Occupations Award 2010 will be incorporated into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, MHE-Demag Australia Pty Ltd, sought approval for the MHE-Demag Australia Pty Ltd South Australia Enterprise Bargaining Agreement 2018-2019. The application was made under section 231 of the Fair Work Act 2009. The primary issue was whether the proposed agreement met the criteria for registration under the Act, ensuring that it complied with the requirements for good faith bargaining and the protection of employees' rights.

The court had to consider whether the agreement was made in good faith, whether it was the product of direct and genuine negotiations, and whether it provided for the protection of employees' rights. The Commission examined the bargaining process and the terms of the agreement, including wages, conditions, and dispute resolution mechanisms. The applicant needed to demonstrate that the agreement was not disadvantageous to the employees and that it was made without any coercion or pressure.

The Commission concluded that the application met the statutory requirements. The evidence presented indicated that the agreement was the product of genuine and direct negotiations, and it contained provisions that protected the employees' rights and interests. The Commission was satisfied that the applicant had discharged the onus of proving the agreement was made in good faith and without coercion. Consequently, the application was approved, and the agreement was registered under the Act.

No further orders were made by the Commission. The decision stands as a precedent for similar applications and highlights the importance of adhering to the statutory requirements for the registration of enterprise bargaining agreements.

MHE-Demag Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established