DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MA Workforce Pty Ltd
(AG2017/4561)

MA WORKFORCE PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the MA Workforce Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the MA Workforce Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MA Workforce 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 22 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MA Workforce Pty Ltd applied for approval of the MA Workforce Pty Ltd Enterprise Agreement 2017-2021. The respondent, the Health Services Union, argued that the agreement did not meet the requirements for approval as it contained provisions that contravened the Fair Work Act 2009. The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically focusing on whether it met the requirement for "better off overall" and whether it contained any provisions that were contrary to public policy or contravened any provisions of the National Employment Standards.

The Fair Work Commission found that the agreement did not contravene the Fair Work Act. It was determined that the agreement provided for a fair and reasonable outcome for the employees and met the "better off overall" test. The Commission also found that there were no provisions in the agreement that contravened any provisions of the National Employment Standards or were contrary to public policy. The Commission approved the enterprise agreement, noting that it contained provisions for a range of employment conditions that were fair and reasonable for the employees.

As a result of the decision, the MA Workforce Pty Ltd Enterprise Agreement 2017-2021 was approved by the Fair Work Commission. The agreement will now be legally binding on the parties and will govern the employment conditions of the employees for the duration of the agreement. The Commission's decision provides clarity on the legal requirements for enterprise agreements and the factors that must be considered when determining whether an agreement is fair and reasonable.

MA 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