Monroe Australia Pty Ltd T/A Monroe Summary

[2022] FWCA 4074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monroe Australia Pty Ltd T/A Monroe

(AG2022/4626)

Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2022

Monroe Australia Pty Ltd T/A Monroe (the Employer) has made an application for approval of an enterprise agreement known as the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Australian Manufacturing Workers’ Union, the Australian Workers’ Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 21 November 2022 and, in accordance with s 54, will operate from 28 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Monroe Australia Pty Ltd T/A Monroe sought approval for the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2022. The respondents to the application included various trade unions representing the employees. The crux of the dispute centred on whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009, particularly with respect to the procedural fairness in its negotiation and the substantive fairness of its terms.

The primary legal issues the Commission was tasked with resolving were whether the agreement had been fairly negotiated and whether it contained terms that were fair and reasonable. The Commission had to assess the evidence provided regarding the negotiation process and scrutinise the terms of the agreement to ensure they were not contrary to public policy or detrimental to the employees' interests. Additionally, the Commission needed to determine whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 in terms of the representativeness of the unions involved.

After carefully reviewing the evidence and submissions, the Fair Work Commission found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The Commission noted the comprehensive consultation process and the efforts made to ensure that the agreement reflected the needs and interests of both parties. The Commission was satisfied that the unions had the necessary authority to negotiate on behalf of the employees and that the agreement did not contravene any statutory provisions or public policy. Consequently, the Commission approved the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2022.

The Commission's decision was communicated to the parties, and the agreement was approved, effective from the date specified in the decision. The approval ensured that the terms of the agreement would govern the employment conditions of the parties for the duration stipulated in the agreement.

Monroe Australia Pty Ltd T/A Monroe

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established