DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morgan Advanced Materials Pty Ltd
(AG2015/7414)

MORGAN ADVANCED MATERIALS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Morgan Advanced Materials Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Advanced Materials Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morgan Advanced Materials Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Australian Workers’ 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.

[5] The Agreement was approved on 8 December 2015 and, in accordance with s.54, will operate from 15 December 2015 The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Morgan Advanced Materials Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, titled the Morgan Advanced Materials Enterprise Agreement 2016, aimed to govern the employment terms of its workforce. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically regarding the process by which it was negotiated and the manner in which it was presented to the Commission.

The legal issues before the court were whether the agreement was genuinely negotiated and whether it was fairly presented to the Commission. The applicant argued that the agreement was negotiated in good faith and that the process complied with the requirements of the Act. The Commission was required to examine the evidence presented on these points and determine if the agreement met the statutory criteria for approval.

The Commission found that the agreement was genuinely negotiated and fairly presented. It noted that the applicant had provided substantial evidence of the negotiation process, including records of meetings, communication logs, and witness testimonies. The Commission was satisfied that the agreement had been negotiated in good faith and that the process complied with the legislative requirements. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Morgan Advanced Materials Enterprise Agreement 2016, confirming its compliance with the statutory criteria. The decision highlighted the importance of thorough documentation and clear evidence in such proceedings, setting a precedent for future applications.

Morgan Advanced Materials 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