M&P Services (Qld) Pty Ltd

[2014] FWCA 242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

M&P Services (Qld) Pty Ltd
(AG2013/12084)

M&P SERVICES (QLD) PTY LTD ADMIN/SALARY ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 10 JANUARY 2014

Application for approval of the M&P Services (Qld) Pty Ltd Admin/Salary Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the M&P Services (Qld) Pty Ltd Admin/Salary Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by M&P Services (Qld) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to redundancy provisions in the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 January 2014. The nominal expiry date is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, M&P Services (Qld) Pty Ltd sought approval of their Enterprise Agreement, specifically the Admin/Salary Enterprise Agreement 2013. The application was made under section 233 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement. The applicant argued that the agreement complied with the requirements of the Act and was fair and reasonable for the employees covered by it.

The primary legal issues the Commission needed to address were whether the agreement met the formal requirements of the Fair Work Act, including whether it was properly certified as a Simple Green Fields Agreement, and whether it contained terms that were not unfair to the employees. The Commission also had to consider if the agreement was consistent with the objects of the Act, particularly in terms of ensuring that employees were treated fairly and had adequate protections.

After examining the agreement and the evidence provided, the Commission determined that the agreement met the formal requirements of the Act. The Commission found that the agreement was fairly and reasonably negotiated and that it did not contain any terms that were unfair to the employees. The Commission concluded that the agreement was consistent with the objects of the Act and was in the best interests of the employees. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees.

The Commission's final order was that the Admin/Salary Enterprise Agreement 2013 be approved as a registered agreement under section 173 of the Fair Work Act. This meant that the agreement would be legally binding on the parties and enforceable by the Fair Work Commission. The approval of the agreement meant that the terms and conditions set out in the agreement would apply to the employees covered by it, and the agreement would remain in effect until it was varied or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established