DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MtM Pty Ltd
(AG2020/2615)

MTM PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 SEPTEMBER 2020

Application for approval of the MtM Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MtM Pty Ltd Enterprise Agreement 2020 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2020. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MtM Pty Ltd was the applicant seeking approval of the MtM Pty Ltd Enterprise Agreement 2020 under section 183 of the Fair Work Act 2009. The respondents to the application were various unions and employers' associations. The dispute centred on the terms of the proposed agreement, which sought to alter the working conditions of employees within the company. The Fair Work Commission heard the matter.

The legal issues before the court were primarily whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of the procedural fairness and the substantive content of the agreement. The court had to examine if the agreement was made in good faith, whether it provided for proper representation, and if it contained terms that were fair and reasonable. The court also needed to determine if the agreement was made in line with the national system for the resolution of industrial disputes.

The Fair Work Commission found that the agreement was made in good faith and provided for proper representation of the parties involved. The commission considered the arguments presented by both the applicant and the respondents, and ultimately determined that the proposed agreement was fair and reasonable. The commission took into account the bargaining power of the parties, the nature of the industry, and the terms of the agreement itself. The court was satisfied that the agreement complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the MtM Pty Ltd Enterprise Agreement 2020, allowing it to come into effect as a registered agreement. The decision was based on the conclusion that the agreement was made in accordance with the relevant provisions of the Fair Work Act and that it was fair and reasonable in all the circumstances. The approval of the agreement means that it will now govern the employment conditions of the employees covered by it, providing certainty and stability in the workplace.

MtM Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established