MHPS Plant Services Pty Ltd Summary

[2016] FWCA 630

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MHPS Plant Services Pty Ltd

(AG2015/7750)

MHPS PLANT SERVICES PTY LTD NSW HUNTER AND CENTRAL

COAST ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 1 FEBRUARY 2016

Application for approval of the MHPS Plant Services Pty Ltd NSW Hunter and Central Coast

Enterprise Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the

MHPS Plant Services Pty Ltd NSW Hunter and Central Coast Enterprise Agreement 2015

(Agreement). The application was made by MHPS Plant Services Pty Ltd pursuant to s.185 of

the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the

Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to

this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am

satisfied that The Australian Workers’ Union and the “Automotive, Food, Metals,

Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing

Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of

employees who will be covered by the Agreement in relation to work that is to be performed

under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian

Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred

Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that

the Agreement covers these organisations.
[2016] FWCA 630

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

8 February 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the MHPS Plant Services Pty Ltd NSW Hunter and Central Coast Enterprise Agreement 2015 was made by the company pursuant to the Fair Work Act 2009. The agreement is a greenfields agreement and seeks to cover employees in the manufacturing and associated industries. The applicant sought the approval of the Fair Work Commission, which is the body responsible for approving such agreements under the Act.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act and if the relevant unions were entitled to represent the employees' industrial interests. The court had to determine if the agreement was a greenfields agreement, if it was made in good faith, if it was in the public interest, and if the unions were entitled to represent the employees. Additionally, the court had to consider the model consultation term and the nominal expiry date of the agreement.

The court found that the agreement met the requirements of the Fair Work Act. The agreement was a greenfields agreement, and the applicant had met all the necessary requirements for approval. The court was satisfied that the Australian Workers' Union and the Australian Manufacturing Workers' Union were entitled to represent the employees' industrial interests. The court also found that it was in the public interest to approve the agreement. The model consultation term was taken to be a term of the agreement, and the nominal expiry date of the agreement was set as 28 February 2018.

The court approved the agreement, which will operate from 8 February 2016. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are regulated and protected under the Fair Work Act.

MHPS Plant Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established