DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morgan Advanced Materials Pty Ltd
(AG2014/10804)

MORGAN ADVANCED MATERIALS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 14 JANUARY 2015

Application for approval of the Morgan Advanced Materials Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Morgan Advanced Materials Enterprise 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 Morgan Advanced Materials 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 Australian Workers’ 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 21 January 2015. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Morgan Advanced Materials Pty Ltd sought approval of the Morgan Advanced Materials Enterprise Agreement 2015, which had been negotiated between the company and the Australian Manufacturing Workers' Union. The union had certified the agreement as a new enterprise agreement. The application was before the Fair Work Commission, which had the authority to approve the agreement if it met the criteria set out in the Fair Work Act 2009.

The legal issues before the Commission related to whether the agreement provided for fair and reasonable terms and conditions, whether it had been genuinely negotiated, and whether it contained appropriate dispute resolution mechanisms. The company argued that the agreement was necessary to ensure the company's long-term viability, while the union contended that it provided for fair and reasonable terms and conditions for the employees.

After considering the evidence and submissions from both parties, the Commission found that the agreement provided for fair and reasonable terms and conditions, had been genuinely negotiated, and contained appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement was in the best interests of the employees and the company. Accordingly, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission included the approval of the Morgan Advanced Materials Enterprise Agreement 2015, with modifications to certain clauses to ensure compliance with the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of registration. The parties were directed to take all necessary steps to give effect to the agreement and to ensure that it was brought to the attention of all relevant employees.

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