MPC Panels Pty Ltd Summary

[2021] FWCA 7242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MPC Panels Pty Ltd
(AG2021/8676)

MPC ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 24 DECEMBER 2021

Application for approval of the MPC Enterprise Agreement 2021.

[1] MPC Panels Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MPC Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application, and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 24 December 2021 and, in accordance with s. 54, will operate from 31 December 2021. The nominal expiry date of the Agreement is 24 December 2025.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by MPC Panels Pty Ltd for approval of the MPC Enterprise Agreement 2021. The dispute centred around the fairness and content of the proposed agreement, which aimed to govern the terms and conditions of employment for certain employees. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural fairness requirements set out in the Act. The Commission examined the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission considered whether the agreement had been negotiated in good faith and whether it provided for a fair balance of rights and obligations between the employer and the employees.

The Commission found that the agreement met the requirements for procedural fairness and contained provisions that were fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and provided for a fair balance of rights and obligations. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the employees' ability to receive minimum entitlements under the relevant award or safety net award. The Commission approved the MPC Enterprise Agreement 2021, stating that it was in the best interests of the employees and the employer.

MPC Panels Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established