DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Korp Pty Ltd
(AG2016/5729)

M KORP PTY LIMITED SINGLE ENTERPRISE SERVICES DEPARTMENT AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the M KORP PTY LIMITED SINGLE ENTERPRISE SERVICES DEPARTMENT AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the M KORP PTY LIMITED SINGLE ENTERPRISE SERVICES DEPARTMENT 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 M Korp 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 16 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Court involves an application by M Korp Pty Ltd for the approval of the M Korp Pty Ltd Single Enterprise Services Department Agreement 2016. The dispute arose as the respondent, a former employee of the applicant, raised objections to the terms of the agreement. The matter was heard in the Fair Work Commission, an Australian body responsible for handling employment-related disputes.

The central legal issue before the Court was whether the terms of the Single Enterprise Services Department Agreement 2016 were fair and reasonable, and if they complied with the requirements of the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement adequately protected the rights and interests of the employees and whether it was consistent with the objectives of the Act.

The Court considered the evidence and arguments presented by both parties, including the terms of the agreement and the potential impact on the employees. The Court concluded that the agreement was fair and reasonable, as it provided for appropriate protections and benefits for the employees, and complied with the requirements of the Act. The Court found that the agreement was consistent with the objectives of promoting harmonious, productive, and cooperative workplace relations, and that it was in the best interests of the employees and the employer.

The Court approved the M Korp Pty Ltd Single Enterprise Services Department Agreement 2016, and the applicant was authorised to implement the terms of the agreement. The Court's decision was based on the evidence presented, and the conclusion that the agreement was fair, reasonable, and consistent with the objectives of the Fair Work Act 2009. The Court's approval of the agreement provides certainty and stability for both the employer and employees, and ensures that the terms of the agreement are consistent with the law.

M Korp 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