DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Minteq Australia Pty Ltd T/A Minteq Australia
(AG2015/2759)

MINTEQ AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2015

Application for approval of the Minteq Australia Pty. Ltd. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Minteq Australia Pty. Ltd. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Minteq Australia Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 14 July 2015, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 26 January 2018.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Minteq Australia Pty Ltd trading as Minteq Australia, an applicant, and the Fair Work Commission. The matter was about the approval of the Minteq Australia Pty Ltd Enterprise Agreement 2015. The applicant sought the Commission's approval of the agreement, which had been negotiated with the Australian Manufacturing Workers' Union. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the Fair Work Commission needed to decide were whether the enterprise agreement met the minimum standards set out in the Fair Work Act, including the requirement for the agreement to provide for a minimum rate of pay. Another issue was whether the agreement was made in good faith and whether it contained terms that were necessary to prevent, reduce, or eliminate bullying, harassment, and discrimination in the workplace. The Commission also had to consider whether the agreement provided for a proper method of determining rates of pay and other terms and conditions of employment.

In evaluating the agreement, the Commission found that it provided for minimum rates of pay that were consistent with the applicable award and industry benchmarks. The Commission also found that the agreement contained provisions that were necessary to prevent, reduce, or eliminate bullying, harassment, and discrimination in the workplace. However, the Commission noted that the agreement did not include a method for determining rates of pay and other terms and conditions of employment in the future. Despite this, the Commission was satisfied that the agreement was made in good faith and that the parties had taken all reasonable steps to reach an agreement. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Minteq Australia Pty Ltd Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the addition of a method for determining rates of pay and other terms and conditions of employment in the future. The applicant was directed to implement the modified agreement and to provide a copy of the modified agreement to the Commission within 28 days of the decision. The Australian Manufacturing Workers' Union was also directed to provide a copy of the modified agreement to its members.

Minteq Australia Pty Ltd T/A Minteq Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established