DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Motherson Elastomers Pty Limited
(AG2019/4485)

MOTHERSON ELASTOMERS PTY LTD – BENDIGO SITE & UWU/AMWU/ETU ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2020

Application for approval of the Motherson Elastomers Pty Ltd - Bendigo Site & UWU/AMWU/ETU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Motherson Elastomers Pty Ltd - Bendigo Site & UWU/AMWU/ETU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Motherson Elastomers Pty Limited. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 United Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2020. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case concerning Motherson Elastomers Pty Limited, the Fair Work Commission was tasked with determining the approval of the enterprise agreement between Motherson Elastomers Pty Ltd and the United Workers Union/Australian Manufacturing Workers' Union/Electrical Trades Union for the Bendigo Site. The union sought approval of the agreement, which outlined various terms and conditions for employees at the Bendigo facility, including wages, working hours, and other employment-related matters.

The central legal issues the Commission addressed involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it complied with the provisions concerning genuine bargaining, procedural fairness, and the protection of employee rights. Additionally, the Commission considered whether the agreement contained appropriate provisions to ensure it would be effective and beneficial for the employees it covered.

In its decision, the Fair Work Commission examined the process through which the agreement was negotiated and concluded that the union and the employer had genuinely bargained in good faith. The Commission found that the agreement satisfied the necessary criteria, including providing fair and reasonable terms and conditions for the employees. It also determined that the agreement did not disadvantage employees in terms of their rights and entitlements, and it provided adequate mechanisms for resolving disputes. Based on these findings, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the Motherson Elastomers Pty Ltd - Bendigo Site & UWU/AMWU/ETU Enterprise Agreement 2019 was approved and will now govern the employment conditions for the employees at the Bendigo site. This ruling ensures that the agreement will provide a fair and beneficial framework for the employees, while also meeting the legal requirements set forth in the Fair Work Act 2009.

Motherson Elastomers Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established