DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MHE-Demag Australia Pty Ltd
(AG2017/734)

MHE-DEMAG AUSTRALIA PTY. LTD. QUEENSLAND ENTERPRISE BARGAINING AGREEMENT 2017.

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2017

Application for approval of the MHE-Demag Australia Pty. Ltd. Queensland Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MHE-Demag Australia Pty. Ltd. Queensland Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MHE-Demag Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 23 March 2017 and, in accordance with s.54, will operate from 30 March 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the MHE-Demag Australia Pty Ltd Queensland Enterprise Bargaining Agreement 2017. The application was brought before the Fair Work Commission by the employer, MHE-Demag Australia Pty Ltd, seeking to have the agreement approved as a registered enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union, which represented a group of employees. The primary dispute centred on the validity and enforceability of certain provisions within the proposed agreement, particularly those relating to the classification of employees and the associated remuneration.

The legal issues the court needed to address included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically concerning the classification and remuneration of employees. Additionally, the court had to consider whether the agreement met the requirements for a valid enterprise agreement, including whether it was free from prohibited content and whether the agreement had been made in good faith. The court also examined whether the application process and the manner in which the agreement was formed adhered to the procedural fairness standards.

The Fair Work Commission found that the proposed agreement was generally in compliance with the Fair Work Act and met the criteria for a valid enterprise agreement. The Commission noted that the agreement contained no prohibited content and had been made in good faith. The Commission also determined that the classification and remuneration provisions were fair and reasonable, taking into account the employer's business needs and the employees' interests. Consequently, the Commission approved the MHE-Demag Australia Pty Ltd Queensland Enterprise Bargaining Agreement 2017 as a registered enterprise agreement.

As a result of the Commission's decision, the MHE-Demag Australia Pty Ltd Queensland Enterprise Bargaining Agreement 2017 was registered, and the parties were bound by its terms. The Commission's approval of the agreement finalised the legal dispute and established the terms and conditions of employment for the employees covered by the agreement.

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