DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minteq Australia Pty Ltd T/A Minteq Australia Pty Ltd
(AG2021/5018)

MINTEQ AUSTRALIA PTY. LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 19 MAY 2021

Application for approval of the Minteq Australia Pty. Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Minteq Australia Pty. Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Minteq Australia Pty Ltd T/A Minteq Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 May 2021.

[3] On 13 May 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 17 May 2021. The undertaking deals with the following topics:

• Clause 5.1.2(b) of the Agreement will not be applied by the Company in a manner that results in more than one week’s wages being deducted from wages due to the employee and will only be applied when the deduction is reasonable in the circumstances.

• If an employee abandons their employment as considered in clause 5.3.3, they will be entitled to notice of termination pursuant to clause 5.1 of the Agreement.

• The company will not apply clause 2.2.2(a) in a manner that results in the employee being paid less in any week than what they would be entitled to under the Building and Construction Industry On-Site Award 2020 (the Award)for that same week.

• Employees covered by the Agreement do not perform work in the general building and construction stream of the Award.

• Notwithstanding clause 3.6.4 of the Agreement, accrued time off in lieu (TOIL) which has not be taken will be paid out on termination at overtime rates in accordance with clause 29.12(l) of the Award.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Minteq Australia Pty Ltd, trading as Minteq Australia Pty Ltd, sought approval for the Minteq Australia Pty. Ltd Enterprise Agreement 2021 under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, which was to be applied to the employees of Minteq Australia, and whether it met the requirements of the Fair Work Act.

The primary legal issues before the Commission were whether the enterprise agreement complied with the procedural requirements of the Act and whether it met the "better off overall test." This test ensures that, on average, employees covered by the agreement are no worse off than they would be under their applicable awards or existing agreements. The Commission needed to assess whether the proposed agreement offered employees a better overall outcome in terms of wages, conditions, or both.

The Commission found that the enterprise agreement had been negotiated in good faith and that the process followed adhered to the statutory requirements. It was determined that the agreement satisfied the better off overall test, as the overall package of wages and conditions was more favourable than what the employees would receive under their existing awards. The Commission also noted that the agreement included provisions that went beyond the minimum standards set by the Act, such as additional leave entitlements and improved working conditions.

The Fair Work Commission approved the Minteq Australia Pty. Ltd Enterprise Agreement 2021, effective from the date of the decision. The approval was based on the findings that the agreement had been negotiated in good faith, followed the necessary procedural requirements, and met the better off overall test. The terms of the approved agreement will now govern the employment conditions of the relevant employees.

Minteq Australia Pty Ltd T/A Minteq 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