DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monroe Springs (Australia) Pty Ltd
(AG2015/5590)

MONROE SPRINGS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Monroe Springs (Australia) Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Monroe Springs (Australia) Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monroe Springs (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 “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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 12 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monroe Springs (Australia) Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, covering a period from 2015 to 2018. The applicant sought to have the agreement approved as a modern award. The respondent, the Building and Construction Trades Union, objected to the application on the basis that the agreement did not comply with certain requirements of the Fair Work Act 2009. The matter was heard before the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "genuine" agreement, made in good faith, and whether it complied with the provisions of the Act. The Commission needed to consider whether the agreement provided for a fair and efficient workplace, and whether it met the standards set out in the modern award.

The Fair Work Commission found that the agreement was genuine and had been made in good faith. The Commission noted that the agreement provided for a fair and efficient workplace and met the standards set out in the modern award. The Commission also found that the agreement complied with the provisions of the Fair Work Act 2009, and that it provided for a modern and flexible workplace. The Commission approved the agreement and issued a certificate of registration.

The Fair Work Commission approved the Monroe Springs (Australia) Pty Ltd Enterprise Agreement 2015 - 2018 and issued a certificate of registration. The agreement was found to be genuine, made in good faith, and to comply with the provisions of the Fair Work Act 2009. The agreement provides for a modern and flexible workplace and meets the standards set out in the modern award. The respondent's objections were dismissed, and the agreement is now in effect.

Monroe Springs (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