DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nederman MikroPul Pty Ltd
(AG2018/5041)

AMWU & NEDERMAN MIKROPUL PTY LTD. VICTORIA COLLECTIVE BARGAINING AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 8 MARCH 2019

Application for approval of the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nederman MikroPul Pty Ltd. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nederman MikroPul Pty Ltd recently applied to the Fair Work Commission for approval of a collective bargaining agreement with the Australian Manufacturing Workers’ Union (AMWU). The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). The Commission, presided over by Commissioner Derrington, was tasked with determining the validity and appropriateness of the agreement in light of these statutory requirements.

The primary legal issues revolved around the form and content of the agreement, including whether it met the criteria for an enterprise agreement under the Fair Work Act, and whether it included all necessary provisions mandated by the Fair Work Regulations. The AMWU argued that the agreement was comprehensive and compliant, while Nederman MikroPul Pty Ltd contended that certain elements were either unnecessary or improperly drafted. The court had to examine the specifics of the agreement to ensure it was bona fide, did not contain prohibited content, and was made in good faith.

After careful analysis, the Commission found that the agreement was compliant with the statutory requirements. The Commission noted that the AMWU and Nederman MikroPul Pty Ltd had engaged in good faith negotiations and that the agreement contained all the necessary elements. The Commission approved the agreement, finding it to be fair and appropriate for registration. The decision underscored the importance of ensuring that all parties involved in enterprise bargaining act in good faith and that the resulting agreement meets all legal standards.

In light of the findings, the Commission registered the AMWU & Nederman MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018. This registration now binds the parties to the terms and conditions outlined in the agreement, effective from the date of registration. The decision serves as a reminder of the importance of compliance with statutory requirements in the formation and approval of enterprise agreements.

Nederman MikroPul 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