Monroe Springs (Australia) Pty Ltd

[2022] FWCA 1127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monroe Springs (Australia) Pty Ltd

(AG2022/593)

MONROE SPRINGS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2022-2025

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 30 MARCH 2022

Application for approval of the Monroe Springs (Australia) Pty Ltd Enterprise Agreement 2022 - 2025

Monroe Springs (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Monroe Springs (Australia) Pty Ltd Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2022. The nominal expiry date of the Agreement is 15 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monroe Springs (Australia) Pty Ltd sought approval for its Enterprise Agreement 2022-2025, which was contested by the union representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval. The central issue was whether the agreement provided for a fair and reasonable outcome for all parties involved, including the employees, the employer, and the public interest.

The Fair Work Commission examined the agreement in light of the statutory requirements set forth in the Fair Work Act 2009. It considered whether the agreement contained terms that were fair and reasonable, whether it was made in good faith, and whether it had been properly negotiated. The Commission also assessed the impact of the agreement on the employees' rights and conditions of employment. After careful deliberation, the Fair Work Commission found that the agreement was fair and reasonable, having been negotiated in good faith and providing for an equitable outcome for all parties.

The Fair Work Commission approved the Monroe Springs (Australia) Pty Ltd Enterprise Agreement 2022-2025, finding that it met the legal criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, while also taking into account the needs of the employer and the broader public interest. The union's concerns were addressed through the Commission's careful consideration of the agreement's provisions. The approval of the agreement ensures that the employees of Monroe Springs (Australia) Pty Ltd will benefit from the terms and conditions set out in the Enterprise Agreement for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established