DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morwell Shopfitters Pty Ltd T/A MSF Thermal Windows & Doors
(AG2017/3786)

MORWELL SHOPFITTERS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Morwell Shopfitters Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Morwell Shopfitters Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morwell Shopfitters Pty Ltd T/A MSF Thermal Windows & Doors. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 20 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Morwell Shopfitters Pty Ltd, trading as MSF Thermal Windows & Doors, sought approval of their Enterprise Agreement 2017 from the Fair Work Commission. The application was contested by the Australian Manufacturing Workers’ Union (AMWU), which argued that the proposed agreement did not meet certain legal standards for approval. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legislative requirements and whether it was in the best interests of the employees.

The central legal issues before the Commission were whether the proposed agreement was a “good faith” agreement, as required by section 173(1)(a) of the Fair Work Act 2009, and whether it contained the necessary minimum terms and conditions as outlined in section 173(2)(a) of the Act. Additionally, the Commission had to consider if the agreement was procedurally fair and whether it adequately protected the interests of the employees.

The Fair Work Commission examined the evidence and submissions from both parties, assessing the fairness and content of the agreement. The Commission found that the proposed agreement was made in good faith and contained the required minimum terms and conditions. The Commission also concluded that the agreement was procedurally fair, having been negotiated with adequate employee representation and consultation. Given these findings, the Commission approved the Morwell Shopfitters Enterprise Agreement 2017.

In light of the Commission's approval, it made an order under section 176 of the Fair Work Act 2009, approving the enterprise agreement. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from the date of the order. This decision provided clarity and legal certainty for both Morwell Shopfitters and the AMWU, allowing the agreement to be implemented as intended.

Morwell Shopfitters Pty Ltd T/A MSF Thermal Windows & Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established