DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nederman MikroPul Pty Ltd
(AG2015/3513)

AMWU & NEDERMAN MIKROPUL PTY LTD. VICTORIA COLLECTIVE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 AUGUST 2015

Application for approval of the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2015 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Nederman MikroPul Pty Ltd, the Australian Manufacturing Workers' Union (AMWU) and Nederman MikroPul Pty Ltd were involved in a dispute regarding the approval of a collective bargaining agreement. The Fair Work Commission (FWC) was tasked with deciding whether the terms of the agreement met the necessary criteria for approval. The central issue before the FWC was whether the collective agreement complied with the statutory requirements set out in the Fair Work Act 2009, specifically focusing on the process followed in the negotiation and finalisation of the agreement.

The FWC examined whether the agreement was genuinely negotiated and if the process adhered to the requirements under the Fair Work Act. The FWC also assessed the contents of the agreement to ensure they did not contravene any provisions of the Act or undermine the existing industrial relations framework. The court scrutinised the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. Additionally, the FWC considered if the terms of the agreement were fair and reasonable, taking into account the interests of both employers and employees.

After a thorough review, the FWC found that the process of negotiation did not meet the statutory requirements for genuine bargaining, and thus the agreement could not be approved. The FWC concluded that the AMWU and Nederman MikroPul Pty Ltd had not engaged in a genuine negotiation process as required by the Fair Work Act. Consequently, the application for approval of the collective agreement was dismissed. The FWC’s decision underscores the importance of adhering to the legislative framework when negotiating and finalising collective agreements, ensuring that the process is genuinely collaborative and the terms are fair.

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