DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morganite Australia Pty Ltd T/A Morgan Advanced Materials
(AG2018/6135)

MORGAN ADVANCED MATERIALS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 MAY 2019

Application for approval of the Morgan Advanced Materials Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Advanced Materials Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Morganite Australia Pty Ltd T/A Morgan Advanced Materials (Employer). 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.

[3] Subject to the undertakings, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Morganite Australia Pty Ltd, trading as Morgan Advanced Materials, which applied to the Fair Work Commission for approval of the Morgan Advanced Materials Enterprise Agreement 2019. The dispute centred around whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The legal issues before the court were whether the agreement contained all the mandated terms and conditions, if it complied with the procedural requirements, and if it was in the best interest of the employees. The court had to examine the agreement to ensure it included all the minimum terms and conditions set out in the Fair Work Act, such as those relating to wages, hours of work, and other employment conditions. Additionally, the court assessed if the agreement was made in good faith and if the proper procedures for its negotiation and agreement were followed.

The Fair Work Commission found that the agreement satisfied all the statutory requirements and was in the best interest of the employees. The court confirmed that the agreement included all necessary terms and conditions and that the process for its negotiation and agreement was procedurally sound. The agreement was found to be fair and reasonable, considering the specific circumstances of the employees and the employer. Consequently, the Commission approved the agreement, allowing it to come into effect on the specified date.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision was final, and the agreement was set to be implemented as per its terms, providing a framework for the employment relationship between Morgan Advanced Materials and its employees.

Morganite Australia Pty Ltd T/A Morgan Advanced Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established