Morganite Australia Pty Ltd T/A Morgan Advanced Materials

[2022] FWCA 4543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Morganite Australia Pty Ltd T/A Morgan Advanced Materials

(AG2022/5219)

Morgan Advanced Materials Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Morgan Advanced Materials Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Morgan Advanced Materials Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Morganite Australia Pty Ltd T/A Morgan Advanced Materials. The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s 54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Morganite Australia Pty Ltd, trading as Morgan Advanced Materials, for the approval of the Morgan Advanced Materials Enterprise Agreement 2022. The applicant sought to have the agreement, which had been negotiated with relevant unions, certified as a registered agreement under the Fair Work Act 2009. The primary dispute centred on the procedural fairness of the negotiations and the content of the agreement itself, specifically whether it complied with the requirements for registration as a modern award.

The central legal issues the court had to address were whether the negotiations were conducted in good faith and whether the agreement met the statutory criteria for registration, including provisions for employee entitlements and protections. The court examined the fairness of the process, including whether employees were adequately represented and had the opportunity to participate in the negotiation process. Additionally, the court assessed whether the terms of the agreement provided appropriate protections and benefits to the employees, ensuring they were not disadvantaged in comparison to the protections provided by the relevant modern award.

The Fair Work Commission determined that the negotiations were conducted in good faith and that the agreement was fair and reasonable. The court found that the process afforded employees a genuine opportunity to participate and that the agreement provided adequate protections and benefits. The Commission approved the Morgan Advanced Materials Enterprise Agreement 2022 as a registered agreement, recognising its compliance with the statutory requirements and its alignment with the principles of procedural fairness and substantive fairness as mandated by the Fair Work Act 2009. The decision ensures that the agreement will now govern the employment conditions for the relevant employees, providing a clear framework for the employer and employees to follow.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established