DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHE-DEMAG Australia Pty Ltd
(AG2016/4140)

MHE-DEMAG AUSTRALIA PTY. LTD. SOUTH AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2016

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

[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 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MHE-DEMAG Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval of the MHE-Demag Australia Pty. Ltd. South Australia Enterprise Bargaining Agreement 2016. This application followed the submission of the agreement to the Commission by the applicant employer, in accordance with the relevant legislative requirements. The dispute centred around the terms and conditions outlined within the proposed agreement and whether they complied with the Fair Work Act 2009.

The central legal issues the Commission had to address involved the interpretation and application of various provisions of the Fair Work Act, specifically those related to the approval of enterprise bargaining agreements. The Commission needed to determine whether the agreement met the statutory criteria for approval, including provisions regarding minimum wages, classification of employees, and other employment conditions. Furthermore, the Commission considered the fairness and reasonableness of the terms in light of broader economic and social factors.

The Commission thoroughly examined the proposed agreement, considering the submissions from both parties and relevant legislative and case law. After careful deliberation, the Commission found that the agreement complied with the requirements of the Fair Work Act. The Commission noted the agreement's provisions for fair and reasonable terms, and the balancing of the interests of both employees and the employer. Consequently, the Commission approved the MHE-Demag Australia Pty. Ltd. South Australia Enterprise Bargaining Agreement 2016, acknowledging its compliance with the relevant legislative standards.

The final orders of the Commission included the formal approval of the enterprise bargaining agreement, which is now to be applied to the employees covered by its terms. This decision ensures that the agreement's provisions will govern the employment conditions of the relevant workforce, subject to the ongoing oversight and enforcement mechanisms provided by the Fair Work Act.

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