M.E.M Removals and Storage Pty Ltd t/as Mossman Easy Movers

[2013] FWCA 9506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M.E.M Removals and Storage Pty Ltd t/as Mossman Easy Movers
(AG2013/10813)

M.E.M REMOVALS AND STORAGE ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 4 DECEMBER 2013

Application for approval of the M.E.M Removals and Storage Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the M.E.M Removals and Storage Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by M.E.M Removals and Storage Pty Ltd T/AS Mossman Easy Movers (the Company). The agreement is a single-enterprise agreement.

[2] On 2 December 2013 undertakings were provided by the Company’s Business Owner, Ms E Bertoncini. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 3 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved M.E.M Removals and Storage Pty Ltd, trading as Mossman Easy Movers, who sought approval of their Enterprise Agreement from 2013. The dispute centred around the provisions of the agreement and its compliance with relevant industrial laws. The matter was brought before the Fair Work Commission, which is tasked with overseeing such industrial agreements.

The key legal issues the court needed to address included whether the agreement contained all the mandatory terms required by the Fair Work Act, if it had been genuinely negotiated, and if it met the criteria for being a simple, flexible, and fair agreement. The court had to consider the processes followed in the negotiation of the agreement, and whether the agreement provided for appropriate minimum entitlements for employees. Additionally, the court assessed if the agreement was consistent with the objectives of the Fair Work Act.

The Fair Work Commission examined the negotiation process and found that the agreement had been genuinely negotiated between the parties, with evidence of good faith and meaningful discussions. The court also determined that the agreement contained all the mandatory terms required by the Fair Work Act and was consistent with the objectives of the Act. Furthermore, the agreement was found to be simple, flexible, and fair, providing appropriate minimum entitlements for employees. Based on these findings, the court approved the Enterprise Agreement 2013.

The court’s decision was that the application for approval of the Enterprise Agreement 2013 should be granted, and the agreement was thus approved. This decision provided clarity for the parties involved and ensured compliance with industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established