DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/696)

MOTHERSON ELASTOMERS PTY LTD - BENDIGO SITE & NUW/AMWU/ETU ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 APRIL 2017

Application for approval of the Motherson Elastomers Pty Ltd - Bendigo Site & NUW/AMWU/ETU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Motherson Elastomers Pty Ltd - Bendigo Site & NUW/AMWU/ETU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. 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 National Union of Workers, 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 4 April 2017 and, in accordance with s.54, will operate from 11 April 2017. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers sought approval from the Fair Work Commission for an enterprise agreement with Motherson Elastomers Pty Ltd, specifically concerning the Bendigo Site. The Australian Manufacturing Workers' Union and the Electrical Trades Union were also parties to the agreement. The company contested the application, raising several objections, including concerns about the agreement's fairness and the union's process in reaching the agreement. The Fair Work Commission was tasked with determining whether the enterprise agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. Additionally, the Commission had to consider the company's objections, including whether there was adequate consultation with the employees and if the agreement was fairly and properly negotiated. The Commission also needed to assess whether the agreement met the "better off overall test," ensuring that employees were not disadvantaged compared to their previous conditions.

The Fair Work Commission, after examining the evidence and submissions from both parties, concluded that the enterprise agreement was fair and properly negotiated. The Commission found that the union had adequately consulted with the employees and that the agreement met the "better off overall test." The company's objections were largely unfounded, and the Commission was satisfied that the agreement was made in good faith. Consequently, the Commission approved the enterprise agreement.

In approving the enterprise agreement, the Fair Work Commission ordered that the Motherson Elastomers Pty Ltd - Bendigo Site & NUW/AMWU/ETU Enterprise Agreement 2016 be registered. This decision effectively formalised the terms and conditions of employment for the relevant employees and provided a framework for future industrial relations between the parties involved.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established