Madison Facility Services P/L

[2023] FWCA 2174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Madison Facility Services P/L

(AG2023/1755)

APPLICATION FOR APPROVAL OF THE MADISON FACILITY SERVICES PTY. LTD. ENTERPRISE AGREEMENT 2023

Miscellaneous
COMMISSIONER DURHAM	BRISBANE, 14 JULY 2023

Application for approval of the Madison Facility Services Pty. Ltd. Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Madison Facility Services Pty. Ltd. Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Madison Facility Services P/L (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Madison Facility Services Pty Ltd, the Fair Work Commission was called upon to determine whether to approve the proposed enterprise agreement. The agreement, which was submitted for consideration, was between Madison Facility Services and its employees represented by the Australian Services Union. The nature of the dispute centred on whether the agreement met the necessary legal standards and provided fair terms for the employees. The court was required to decide on several legal issues, including whether the agreement provided for the protection of employees' rights, whether the agreement was negotiated in good faith, and whether the agreement met the requirements of the Fair Work Act 2009.

The court carefully examined the provisions of the agreement, focusing on whether it provided adequate protections and benefits for employees. It considered whether the agreement was the product of genuine negotiation and whether it complied with the provisions of the Fair Work Act. The court also assessed whether the agreement adequately addressed issues such as minimum wage rates, penalty rates, leave entitlements, and dispute resolution mechanisms. After a thorough analysis, the court concluded that the agreement met the necessary legal standards and was fair and reasonable for the employees.

The court found that the agreement provided adequate protections and benefits for employees and was the product of genuine negotiation. It was determined that the agreement complied with the Fair Work Act and appropriately addressed key employment issues. Given these findings, the court approved the agreement, ensuring that it would be legally binding between Madison Facility Services and its employees. The approval of the agreement was seen as a balanced approach that upheld the rights of employees while also considering the operational needs of the business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established