MtM Pty Ltd

[2014] FWCA 5640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MtM Pty Ltd
(AG2014/6972)

MTM PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 AUGUST 2014

Application for approval of the MtM Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MtM Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by MtM Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MtM Pty Ltd recently appeared before the Fair Work Commission (FWC) in a case concerning the approval of the MtM Pty Ltd Enterprise Agreement 2014. The dispute arose between the company and its employees, represented by the Transport Workers Union (TWU). The core issue was whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The legal questions before the FWC included whether the agreement sufficiently covered the mandated minimum terms and conditions, whether it was free from prohibited content, and whether the appropriate consultation processes had been followed. Additionally, the FWC had to consider whether the agreement facilitated genuine bargaining between the parties.

In its decision, the FWC examined the provisions of the Fair Work Act and the evidence presented regarding the negotiation process. The FWC found that the agreement comprehensively covered the mandated minimum terms and was free from any prohibited content. It also concluded that the consultation processes adhered to the statutory requirements. Based on this, the FWC determined that the agreement was made in good faith and facilitated genuine bargaining. Consequently, the FWC approved the MtM Pty Ltd Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established