Morganite Australia Pty Ltd T/A Morgan Advanced Materials Summary

[2025] FWCA 252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Morganite Australia Pty Ltd T/A Morgan Advanced Materials

(AG2024/5217)

MORGAN ADVANCED MATERIALS ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Morgan Advanced Materials Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Morgan Advanced Materials Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 29 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Morganite Australia Pty Ltd, trading as Morgan Advanced Materials. The company sought approval of the Morgan Advanced Materials Enterprise Agreement 2025. The application involved an enterprise agreement between the employer and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly the provisions concerning the making of an enterprise agreement. The Commission had to consider whether the agreement met the procedural and substantive requirements for approval, including the necessity for the agreement to provide for the resolution of employees’ pay and conditions.

In considering the application, the Commission examined the process by which the agreement was negotiated and whether it complied with the relevant statutory provisions. It considered whether the agreement was made in good faith and whether it was free from any improper conduct. The Commission also assessed whether the agreement contained terms and conditions that were fair and reasonable and did not adversely affect the employees’ general conditions of employment. The Fair Work Act requires that an enterprise agreement must not have the effect of reducing the general conditions of employment, and the Commission carefully examined the terms of the agreement to ensure compliance with this requirement.

The Commission found that the agreement was made in accordance with the statutory requirements and was free from any improper conduct. It determined that the agreement was fair and reasonable and did not reduce the general conditions of employment. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement met the necessary criteria for approval under the Fair Work Act. As a result, the Commission approved the Morgan Advanced Materials Enterprise Agreement 2025. The final orders of the Commission included the approval of the agreement, which is now in effect and binding on the parties.

Morganite Australia Pty Ltd T/A Morgan Advanced Materials

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established