| [2023] FWCA 530 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Monsbent Pty Ltd
(AG2023/241)
Monsbent Pty Ltd Benalla Enterprise Agreement 2023
| Timber and paper products industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 20 FEBRUARY 2023 |
Application for approval of the Monsbent Pty Ltd Benalla Enterprise Agreement 2023
Monsbent Pty Ltd has made an application for approval of an enterprise agreement known as the Monsbent Pty Ltd Benalla Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote, nor was a copy of the notice of employee representational rights (NERR) provided to employees in the prescribed form. However, in the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CFMMEU.
The Agreement was approved on 20 February 2023 and, in accordance with s 54, it will operate from 27 February 2023. The nominal expiry date of the Agreement is 1 February 2027.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE519235 PR750797>
- AGLC
- Monsbent Pty Ltd [2023] FWCA 530
- Case
- [2023] FWCA 530
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the FWC were whether the agreement contained all the required terms and conditions as specified in the Fair Work Act, and if it had been fairly and genuinely negotiated. The employer had to demonstrate that it had engaged in good faith bargaining with the employees or their representatives. The FWC also needed to ensure that the agreement did not disadvantage employees in comparison to the applicable awards and that it complied with the provisions of the Fair Work Act.
The FWC found that the agreement contained all the required terms and conditions as stipulated in the Fair Work Act. It also determined that the employer had genuinely negotiated the agreement with the employees or their representatives, fulfilling the statutory requirements. The FWC concluded that the agreement did not disadvantage employees compared to the applicable awards and that it complied with the Fair Work Act. Therefore, the FWC approved the Monsbent Pty Ltd Benalla Enterprise Agreement 2023.
The FWC ordered the approval of the Monsbent Pty Ltd Benalla Enterprise Agreement 2023, effective from the date of the decision. This meant that the agreement would govern the employment conditions of the employees in Benalla, and it would be legally binding on both the employer and the employees.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.