DECISION

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

MJ Glasser & TB Glazbrook T/A Mine Tech Engineering
(AG2015/1997)

MJ GLASSER AND TB GLAZBROOK (TRADING AS MINE TECH ENGINEERING) ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 MARCH 2015

Application for approval of the MJ Glasser and TB Glazbrook (Trading as Mine Tech Engineering) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the MJ Glasser and TB Glazbrook (Trading as Mine Tech Engineering) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MJ Glasser & TB Glazbrook T/A Mine Tech Engineering. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“In respect to Clause 20 (Rostered hours of Work) employees will not work in excess of an average of 38 hours per week on a regular or ongoing basis but will only work additional hours on an irregular or sporadic basis where operational circumstances demands this and where the employee/s agree to these hours”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[4] 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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 19 March 2019.

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CaseChat Overview and Summary

In the Fair Work Commission, the case of MJ Glasser & TB Glazbrook T/A Mine Tech Engineering involved an application for the approval of an enterprise agreement for the period 2015-2019. The application was made by the employer, Mine Tech Engineering, and the relevant union. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The court had to determine whether the agreement complied with the necessary legal requirements under the Fair Work Act 2009.

The legal issues before the court included whether the enterprise agreement met the statutory criteria for approval, including whether it provided for a direct, clear, and simple method of determining employees' rates of pay and classification. The court also had to consider if the agreement allowed for appropriate flexibility and fairness in the workplace, and whether it contained any provisions that could potentially lead to adverse economic, social, or industrial consequences. Another issue was whether the agreement had been genuinely negotiated between the parties in good faith.

The court found that the enterprise agreement substantially complied with the requirements of the Fair Work Act. It determined that the agreement was negotiated in good faith, contained provisions that were fair and reasonable, and did not include any terms that would lead to adverse economic, social, or industrial consequences. The court also found that the agreement provided for a direct, clear, and simple method of determining employees' rates of pay and classification. As a result, the court approved the enterprise agreement, subject to certain minor amendments to address specific concerns raised during the hearing.

MJ Glasser & TB Glazbrook T/A Mine Tech Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established