DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple M Mechanical Services Pty Ltd
(AG2016/3591)

TRIPLE M MECHANICAL SERVICES NSW WORKSHOP ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 JULY 2016

Application for approval of the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Triple M Mechanical Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 18 July 2016 and, in accordance with s.54, will operate from 25 July 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triple M Mechanical Services Pty Ltd sought approval of the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2015-2018. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process of its creation and the content of its provisions. The matter was heard in the Fair Work Commission, with the applicant submitting that the agreement was appropriately negotiated and fairly reflected the terms and conditions of employment for the relevant workers.

The legal issues before the Commission included whether the agreement was made in accordance with the requirements of the Fair Work Act, specifically whether the agreement was negotiated in good faith and whether the agreement contained the necessary minimum terms and conditions. The Commission considered whether the process of negotiation was appropriate and whether the content of the agreement was fair and reasonable. The applicant provided evidence of the negotiation process, including records of meetings and communications between the parties, as well as submissions from both the applicant and the employees.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith and contained the necessary minimum terms and conditions. The Commission found that the process of negotiation was appropriate and that the content of the agreement was fair and reasonable. The Commission also found that the agreement met the requirements of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by the Commission. The Commission approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees.

The Fair Work Commission approved the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2015-2018, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission found that the agreement was appropriately negotiated in good faith and contained the necessary minimum terms and conditions. The applicant was directed to take all necessary steps to give effect to the approved agreement, including by providing a copy of the agreement to each employee covered by the agreement.

Triple M Mechanical Services 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