DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minteq Australia Pty Ltd
(AG2018/1986)

MINTEQ AUSTRALIA PTY. LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Minteq Australia Pty. Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Minteq Australia Pty. Ltd Enterprise Agreement 2018 (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 agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement lodged contained an error at clauses 3.1.2 and 3.1.3. On 10 August 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 26 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was tasked with deciding on an application for the approval of the Minteq Australia Pty Ltd Enterprise Agreement 2018. The dispute arose between the employer, Minteq Australia, and its employees, represented by the National Tertiary Education Union. The crux of the matter was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The employees sought various conditions, including wage increases, improved working conditions, and specific provisions for shift and penalty rates. Minteq Australia contested certain aspects of the agreement, arguing that some clauses were not compliant with the statutory requirements.

The legal issues before the Commission involved assessing whether the agreement was a "better off overall test" (BOOT) agreement, meaning it provided employees with at least the same terms and conditions as those previously in place or better. Additionally, the Commission had to determine whether the agreement complied with the good faith bargaining provisions and was free from any unfair content that might be detrimental to the employees' interests. The employer argued that certain clauses in the agreement were not consistent with the statutory requirements, while the union contended that the agreement fairly represented the employees' needs and interests.

In delivering its decision, the Commission carefully considered the submissions from both parties and the contents of the proposed agreement. It found that the agreement did provide for a BOOT for the employees, as it improved upon the previous conditions in various respects. The Commission also determined that the agreement was the product of good faith bargaining and did not contain any unfair provisions. Consequently, the Commission approved the Minteq Australia Pty Ltd Enterprise Agreement 2018, finding it to be compliant with all necessary statutory requirements.

The Fair Work Commission's final order was the approval of the Minteq Australia Pty Ltd Enterprise Agreement 2018, which was to take effect from the date of the decision. This decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements for approval and that they genuinely represent the interests of both employers and employees. The approval of the agreement meant that the terms and conditions outlined within it would be binding on both parties moving forward.

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