DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monroe Australia Pty Ltd
(AG2016/4572)

MONROE AUSTRALIA PTY LTD CONTINUOUS IMPROVEMENT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monroe Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monroe Australia Pty Ltd was before the Fair Work Commission in an application to approve an enterprise agreement. The enterprise agreement was proposed by the employer and was intended to govern the employment terms and conditions of the employees within the organisation. The Commission was tasked with assessing whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. This included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as specified by the Act, and whether it was fair and reasonable. Additionally, the Commission had to determine if the agreement provided for genuine collective bargaining, and if it included provisions that were necessary to ensure the agreement was in the best interests of the employees.

The Commission examined the evidence presented and considered the arguments from both parties. It found that the agreement had been made in good faith and contained the minimum terms and conditions as required by the Act. The Commission also concluded that the agreement was fair and reasonable, and it provided for genuine collective bargaining. The Commission was satisfied that the agreement was in the best interests of the employees and approved the enterprise agreement. The Commission made orders approving the agreement and set out the terms and conditions that would apply to the employees under the agreement.

Monroe 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