Morris McMahon & Co Pty Ltd

Case [2025] FWCA 862
[2025] FWCA 862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Morris McMahon & Co Pty Ltd

(AG2025/440)

MORRIS MCMAHON & CO PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries

COMMISSIONER P RYAN

SYDNEY, 7 MARCH 2025

Application for approval of the Morris McMahon & Co Pty Ltd Enterprise Agreement 2025

  1. Morris McMahon & Co Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Morris McMahon & Co Pty Ltd Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

  1. The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representative

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 March 2025. The nominal expiry date of the Agreement is 31 January 2028.

Section 218A variation to correct or amend errors, defects or irregularities

  1. Clause 11.3(a) of the Agreement states:

Other than as provided at clause 11.3Error! Reference Source Not Found…

  1. After seeking the views of the parties, I am satisfied that this is an obvious error or defect as contemplated by s.218A and that I should exercise my discretion to amend the Agreement as follows:

Other than as provided at clause 11.3(b)…

  1. Accordingly, clause 11.3(a) of the Agreement is varied to remove “11.3Error!Reference Source Not Found” and inserting in its place “11.3(b)” This variation will operate from 7 March 2025. 

COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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Details
AGLC
Morris McMahon & Co Pty Ltd [2025] FWCA 862
Case
[2025] FWCA 862
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Morris McMahon & Co Pty Ltd, sought approval of the Morris McMahon & Co Pty Ltd Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for the company's employees, specifically regarding wages, hours of work, and other employment-related matters. The applicant argued that the proposed agreement was fair and reasonable, while the respondents contended that certain provisions did not meet the necessary standards.

The legal issues before the court encompassed whether the agreement contained the required minimum entitlements, whether it was free from prohibited content, and if it had been made in accordance with the relevant provisions of the Fair Work Act 2009. The court needed to assess if the agreement complied with the statutory framework and if it was genuinely negotiated between the parties.

The Fair Work Commission considered the evidence presented by both parties and analysed the provisions of the agreement in light of the Fair Work Act. The Commission found that the agreement did not adequately address certain minimum entitlements for the employees. Additionally, the Commission determined that some provisions were not genuinely negotiated and thus did not meet the requirements of the Act. Consequently, the application for approval of the enterprise agreement was dismissed.

In light of the dismissal, the Fair Work Commission did not make any orders approving the enterprise agreement. The parties were directed to return to the bargaining table to address the identified issues and to negotiate a revised agreement that would meet the statutory requirements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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