DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monsbent Pty Ltd
(AG2015/675)

MONSBENT PTY LTD BENALLA ENTERPRISE BARGAINING AGREEMENT 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 31 MARCH 2015

Application for approval of the Monsbent Pty Ltd Benalla Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Monsbent Pty Ltd Benalla Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monsbent Pty Ltd.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Monsbent Pty Ltd, which sought approval of the Monsbent Pty Ltd Benalla Enterprise Bargaining Agreement 2015. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for endorsement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The primary legal issue before the Commission was whether the enterprise bargaining agreement was procedurally valid and substantively fair. This involved examining whether the agreement was made in accordance with the prescribed processes, including adequate consultation and the provision of relevant information to the employees. Additionally, the Commission had to assess whether the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees.

In delivering its decision, the Commission thoroughly reviewed the evidence and submissions provided by both parties. It found that the bargaining process was conducted in good faith and that there was adequate consultation with the employees. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the economic and operational context of Monsbent Pty Ltd. Consequently, the Fair Work Commission approved the Monsbent Pty Ltd Benalla Enterprise Bargaining Agreement 2015, endorsing it as a valid and enforceable agreement under the Fair Work Act 2009.

Monsbent 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