DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morgan Technical Ceramics Pty Ltd
(AG2016/5426)

MORGAN TECHNICAL CERAMICS AUSTRALIAN MANUFACTURING WORKERS

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 28 OCTOBER 2016

Application for approval of the Morgan Technical Ceramics Australian Manufacturing WorkersUnion Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Technical Ceramics Australian Manufacturing WorkersUnion Workplace 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 Technical Ceramics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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 of the Act, will operate from 4 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for approval of the Morgan Technical Ceramics Australian Manufacturing Workers Union Workplace Agreement 2016. The applicant, Morgan Technical Ceramics Pty Ltd, sought the court's approval of the agreement as a certified agreement under the Fair Work Act 2009. The Fair Work Commission (FWC) had previously approved the agreement but was required to seek the court's approval as the FWC had not been satisfied that the agreement complied with certain legislative requirements. The respondent, the Australian Manufacturing Workers Union (AMWU), opposed the application.

The court was required to determine whether the agreement was a genuine enterprise agreement and whether it complied with the relevant statutory provisions. The key issue was whether the agreement met the requirements for a certified agreement, specifically whether the agreement had been negotiated in good faith and whether it complied with the procedural fairness requirement.

The court found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The court also found that the agreement complied with the statutory requirements, including the procedural fairness requirement. The court held that the FWC's approval of the agreement was valid, and the agreement was therefore approved as a certified agreement. The court held that the AMWU's opposition to the application was not well-founded, and the application was successful.

The court made an order approving the Morgan Technical Ceramics Australian Manufacturing Workers Union Workplace Agreement 2016 as a certified agreement under the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission. The court further ordered that the costs of the application be paid by the applicant.

Morgan Technical Ceramics 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