Morgan Technical Ceramics Australia Pty Ltd T/A Morgan Technical Ceramics Australia Pty Ltd

[2025] FWCA 91

[2025] FWCA 91

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Morgan Technical Ceramics Australia Pty Ltd T/A Morgan Technical Ceramics Australia Pty Ltd

(AG2024/4331)

MORGAN TECHNICAL CERAMICS AUSTRALIAN MANUFACTURING WORKERS UNION WORKPLACE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 10 JANUARY 2025

Application for approval of the Morgan Technical Ceramics Australian Manufacturing Workers Union Workplace Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the Morgan Technical Ceramics Australian Manufacturing Workers Union Workplace Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Morgan Technical Ceramics Australia Pty Ltd T/A Morgan Technical Ceramics Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Clause 8.13 of the Agreement states that workplace delegates will have the rights as contained in the Manufacturing and Associated Industries and Occupations Award 2020. As such, the workplace delegates’ rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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<AE527556  PR783145>

Annexure A