DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHE-DEMAG Australia Pty Ltd
(AG2016/3885)

MHE-DEMAG AUSTRALIA PTY LTD NSW ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the MHE-Demag Australia Pty Ltd NSW Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MHE-Demag Australia Pty Ltd NSW Enterprise Bargaining Agreement 2016 (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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MHE-DEMAG Australia Pty Ltd applied to the Fair Work Commission for the approval of the MHE-Demag Australia Pty Ltd NSW Enterprise Bargaining Agreement 2016. The applicant, a forklift manufacturer, sought approval of the agreement which would apply to its employees in New South Wales. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the mandatory terms, and whether it met the "better off overall test" under the Fair Work Act 2009. The Commission found that the agreement provided for the mandatory terms, and that the employees would be better off overall by being party to the agreement, as it provided for a combination of wage increases and other benefits. The Commission approved the agreement, noting that it was in the interests of the employees and the employer. The Commission made orders approving the MHE-Demag Australia Pty Ltd NSW Enterprise Bargaining Agreement 2016, effective from 1 April 2016.

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