DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Modular Prefab Solutions Vic Pty Ltd
(AG2019/2829)

MODULAR PREFAB VIC PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Modular Prefab Vic Pty Ltd Enterprise Agreement 2019.

[1] Modular Prefab Solutions Vic Pty Ltd has made an application for approval of an enterprise agreement known as the Modular Prefab Vic Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form 1, as it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline”. The prescribed notice states that employees may direct questions to the Fair Work Ombudsman or the Fair Work Commission. I am satisfied that, in all of the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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. The undertakings are taken to be a term of the agreement.

[4] 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.

[5] The Agreement was approved on 10 October 2019 and, in accordance with s 54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

2 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Modular Prefab Solutions Vic Pty Ltd applied for the approval of the Modular Prefab Vic Pty Ltd Enterprise Agreement 2019. The applicants were represented by a registered bargaining representative, and the respondents, who included various employees, were represented by a union. The dispute centred around whether the proposed agreement was consistent with the Fair Work Act 2009, including provisions for employee entitlements, dispute resolution mechanisms, and procedural fairness.

The court was required to determine if the agreement complied with the statutory requirements and if it was appropriately negotiated and made. Key issues included whether the agreement contained minimum terms and conditions, if it was free from prohibited content, and if procedural fairness was maintained in its negotiation. The court also needed to consider if the agreement provided adequate protection for employees' rights and whether it was made without any coercion.

The Fair Work Commission found that the agreement met all statutory requirements, including containing the prescribed minimum terms and conditions, being free of prohibited content, and ensuring procedural fairness. The Commission highlighted that the agreement provided employees with adequate protections and was made without any evidence of coercion. Consequently, the court approved the agreement and directed that it be registered and in force from the date of the decision.

The final orders included the approval of the agreement, its registration, and its enforcement from the date of the decision, ensuring that it became the governing document for the terms and conditions of employment for the specified period.

Modular Prefab Solutions Vic 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