DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Maintenance Services Pty Ltd
(AG2015/6942)

MMPL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the MMPL Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MMPL Enterprise 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 M Maintenance Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2015. The nominal expiry date of the Agreement is 18 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by M Maintenance Services Pty Ltd for the approval of the MMPL Enterprise Agreement 2015. The dispute centred on whether the agreement met the necessary conditions under the Fair Work Act 2009 for it to be approved. The applicant sought to have the agreement recognised as a lawful enterprise agreement, which would then be binding on its employees. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement complied with the legislative requirements for approval.

The primary legal issues that the Commission had to address were whether the agreement had been genuinely negotiated between the employer and the employees, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The Commission needed to assess the negotiation process and the content of the agreement to ensure it met all the criteria for approval. This involved examining whether the agreement had been made in good faith and whether it provided for the proper operation of the enterprise.

In its decision, the Commission found that the agreement had been genuinely negotiated and contained the required minimum terms and conditions. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement met all statutory requirements for approval. Consequently, the Commission approved the MMPL Enterprise Agreement 2015, finding it to be a lawful and binding agreement. The approval of the agreement was confirmed, and it was set to take effect from the specified date, providing the necessary framework for the employment conditions of the parties involved.

M Maintenance 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