DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monsbent Pty Ltd T/A D & R Henderson
(AG2019/2735)

MONSBENT PTY LTD BENALLA ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Monsbent Pty Ltd Benalla Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Monsbent Pty Ltd Benalla Enterprise Agreement 2019 (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 T/A D & R Henderson. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Construction, Forestry, Maritime, Mining and Energy Union 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 is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 12 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Monsbent Pty Ltd, trading as D & R Henderson, applied for the approval of the Monsbent Pty Ltd Benalla Enterprise Agreement 2019. The application was made under section 230 of the Fair Work Act 2009, with the company asserting that the agreement contained appropriate provisions for the employees’ remuneration and conditions of employment. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act.

The central legal issue before the Commission was whether the proposed enterprise agreement contained appropriate provisions for the employees' remuneration and conditions of employment. This involved examining whether the agreement complied with the relevant provisions of the Fair Work Act, including ensuring the agreement was not less favourable than the applicable awards and did not undermine the ability of employees to protect their health and safety. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated and whether it included appropriate mechanisms for resolving disputes.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the proposed enterprise agreement contained appropriate provisions for the employees’ remuneration and conditions of employment. The Commission found that the agreement was not less favourable than the relevant awards, did not undermine the employees' ability to protect their health and safety, and had been genuinely negotiated. Consequently, the Commission approved the Monsbent Pty Ltd Benalla Enterprise Agreement 2019, as the agreement met the legal standards set out in the Fair Work Act.

The Fair Work Commission's decision was to approve the Monsbent Pty Ltd Benalla Enterprise Agreement 2019. The Commission held that the agreement contained appropriate provisions for the employees' remuneration and conditions of employment, and it was not less favourable than the applicable awards. The Commission also found that the agreement had been genuinely negotiated and included appropriate mechanisms for resolving disputes. This decision allowed the company and the union to proceed with the implementation of the new enterprise agreement, which would govern the terms and conditions of employment for the employees covered by the agreement.

Monsbent Pty Ltd T/A D & R Henderson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established