DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MtM Pty Ltd
(AG2017/4210)

MTM PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the MtM Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MtM Pty Ltd 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 MtM Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MtM Pty Ltd was the subject of a legal dispute regarding the approval of an enterprise agreement. The matter was heard by the Fair Work Commission, which is the body responsible for regulating workplace relations in Australia. The application for approval was brought by MtM Pty Ltd, and the respondent was the Australian Manufacturing Workers' Union. The dispute centred around whether the proposed enterprise agreement complied with the necessary legal requirements and if it could be approved by the Commission.

The primary legal issues that the Commission had to address were whether the agreement met the necessary statutory criteria, including if it was in the best interests of the employees, if it complied with the Fair Work Act 2009, and if it was free from any invalid provisions. The Commission had to consider various aspects of the agreement, including the terms and conditions of employment, the dispute resolution mechanisms, and the overall fairness of the agreement to both parties.

In delivering its decision, the Fair Work Commission examined the various provisions of the enterprise agreement and assessed their compliance with the statutory requirements. The Commission found that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of terms and conditions of employment. Furthermore, the Commission determined that the agreement complied with the Fair Work Act 2009 and did not contain any invalid provisions. Consequently, the Commission approved the MtM Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission approved the MtM Pty Ltd Enterprise Agreement 2017, which will now govern the terms and conditions of employment for the employees covered by the agreement. This decision provides certainty for both the employer and employees and ensures that the agreement is compliant with the necessary legal requirements.

MtM Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established