DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MADEC Australia Pty Ltd T/A MADEC
(AG2016/6779)

MADEC AUSTRALIA (MADEC) SINGLE ENTERPRISE AGREEMENT 2016-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 19 DECEMBER 2016

Application for approval of the MADEC Australia (MADEC) Single Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the MADEC Australia (MADEC) Single Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MADEC Australia Pty Ltd, trading as MADEC, sought approval of its Single Enterprise Agreement for the years 2016 to 2019. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement, which contained terms and conditions of employment for certain employees, was a genuine bargain and was in the best interests of the employees.

The Commission was required to consider whether the agreement complied with the formal requirements of the Fair Work Act and whether it was a genuine enterprise agreement. Additionally, the Commission assessed whether the agreement was in the best interests of the employees, taking into account factors such as the agreement's terms, the bargaining process, and the nature of the dispute. The court examined submissions from both MADEC and the employees' representatives, weighing the arguments for and against approval.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the proposed agreement met the legal requirements for approval. The Commission was satisfied that the agreement was a genuine enterprise agreement and was in the best interests of the employees. The Commission noted the efforts made by MADEC to ensure a fair and balanced agreement and the reasonable terms and conditions proposed. Consequently, the Commission approved the MADEC Australia (MADEC) Single Enterprise Agreement 2016-2019.

MADEC Australia Pty Ltd T/A MADEC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established