DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Workforce Pty Ltd
(AG2018/3506)

MWPL SOUTH WEST MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 JANUARY 2019

Application for approval of the MWPL South West Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MWPL South West Maintenance Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M Workforce Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 29 January 2019 and, in accordance with s.54, will operate from 5 February 2019. The nominal expiry date of the Agreement is 29 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of M Workforce Pty Ltd, the Fair Work Commission was called upon to approve an enterprise agreement. The applicant, M Workforce, sought approval for the MWPL South West Maintenance Enterprise Agreement 2018, which was intended to govern the employment conditions of its workforce. The legal issues that arose centred on whether the agreement complied with the Fair Work Act 2009, particularly with regard to the provisions regarding minimum rates of pay, allowances, and entitlements. The applicant argued that the agreement was fair and reasonable, while the respondents, the employees' union, contended that certain provisions did not meet the requirements of the Act.

The Commission examined the agreement's provisions in detail, assessing them against the criteria established by the Fair Work Act. It considered whether the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the business, the workforce, and the bargaining power of the parties. The Commission also evaluated the impact of the agreement on the employees' wages, allowances, and entitlements, ensuring that they were not less favourable than the relevant awards or registered agreements. After careful consideration, the Commission found that the agreement complied with the statutory requirements and was fair and reasonable.

Accordingly, the Fair Work Commission approved the MWPL South West Maintenance Enterprise Agreement 2018. The decision was made on the basis that the agreement met the necessary legal standards and provided for fair and reasonable terms and conditions of employment for the workforce. This ruling not only affirmed the validity of the agreement but also set a precedent for similar enterprise agreements in the industry.

M Workforce 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