Morgan Technical Ceramics Australia Pty Ltd

[2021] FWCA 2582

[2021] FWCA 2582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morgan Technical Ceramics Australia Pty Ltd
(AG2021/4631)

MORGAN TECHNICAL CERAMICS AUSTRALIAN MANUFACTURING WORKERS UNION WORKPLACE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2021

Application for approval of the Morgan Technical Ceramics Australian Manufacturing Workers Union Workplace Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Technical Ceramics Australian Manufacturing Workers Union Workplace Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morgan Technical Ceramics Australia Pty Ltd. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 7.8.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.10.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511366  PR729624>

Annexure A