Monroe Australia Pty Ltd

[2013] FWCA 5801

FAIR WORK COMMISSION

DECISION

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

Monroe Australia Pty Ltd
(AG2013/7935)

MONROE AUSTRALIA PTY LTD CONTINUOUS IMPROVEMENT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 AUGUST 2013

Application for approval of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2013 (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 employer has provided undertakings in the following terms:

“Undertaking 1

The Employer refers to the wages schedule at Schedule A to is Form F17 Employer’s Declaration in Support of Application for Approval of Enterprise Agreement, dated 30 July 2013.

For the purposes of clause 23 of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2013, the Employer undertakes that it will pay employees no less than the relevant rates set out at Schedule A of its Form F17 Employer’s Declaration, for the life of the Agreement.

Undertaking 2

The Employer does not currently operate its business on a 7 days per week basis.

If this changes in the future with the consequence that the Employer engages any 7 day shiftworkers who are regularly rostered to work on Sundays and public holidays, the Employer undertakes that for the purposes of clause 38.1 of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2013, the annual leave entitlements of those workers will be 5 weeks per year.”

[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of the advices provided by the employer are attached to the Agreement as Attachments 1 and 2.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union 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) of the Act 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 27 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Monroe Australia Pty Ltd was a party involved in a dispute regarding the approval of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2013. The application for approval was heard in the Fair Work Commission. The nature of the dispute centred around the terms of the enterprise agreement and whether it met the necessary requirements under the Fair Work Act 2009 for it to be approved.

The central legal issue before the Commission was whether the proposed enterprise agreement was in accordance with the provisions of the Fair Work Act. Specifically, the court had to determine if the agreement provided for a fair and efficient workplace and if it met the statutory criteria for approval. The Commission needed to examine whether the agreement adequately covered the terms and conditions of employment and if it was consistent with the provisions for fair work.

In delivering its decision, the Fair Work Commission considered the overall fairness and efficiency of the proposed agreement. The Commission reviewed the bargaining process, the content of the agreement, and the compliance with the statutory requirements. After careful consideration, the Commission found that the enterprise agreement did indeed meet the necessary criteria. It was deemed to be fair, efficient, and in compliance with the legislative requirements. Consequently, the Commission approved the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2013.

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