DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHG Plastic Industries (Vic) Pty Ltd
(AG2016/8059)

MHG PLASTIC INDUSTRIES (VIC) PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the MHG Plastic Industries (Vic) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MHG Plastic Industries (Vic) Pty Ltd Enterprise 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 MHG Plastic Industries (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Australian Manufacturing and Workers Union 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.

[5] The Agreement was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 21 December 2019.

COMMISSIONER ROE

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MHG Plastic Industries (Vic) Pty Ltd sought approval of an enterprise agreement in the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Fair Work Commission had to determine if the agreement met the criteria for registration, including whether it provided for the terms and conditions of employment and was made in good faith.

The legal issues before the Commission were whether the agreement properly addressed the key aspects of the employees' terms and conditions, whether it was made in good faith, and whether it complied with the relevant statutory provisions. The Commission also needed to consider whether the agreement provided for a minimum rate of pay that met or exceeded the national minimum wage.

The Commission found that the agreement was comprehensive, covering all the necessary terms and conditions of employment. It was concluded that the agreement had been made in good faith and provided for a minimum rate of pay that exceeded the national minimum wage. The Commission was satisfied that all requirements for registration had been met.

Consequently, the Fair Work Commission approved the MHG Plastic Industries (Vic) Pty Ltd Enterprise Agreement 2016. The agreement was registered and became legally binding on the parties.

MHG Plastic Industries (Vic) 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