Malpass Enterprises Unit Trust T/A Malpass Enterprises Pty Ltd Summary

[2013] FWCA 4910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Malpass Enterprises Unit Trust T/A Malpass Enterprises Pty Ltd
(AG2013/6951)

MALPASS ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 JULY 2013

Application for approval of the Malpass Enterprises Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Malpass Enterprises Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Malpass Enterprises Unit Trust T/A Malpass Enterprises Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 19 July 2013 an undertaking was provided by Mr A Malpass, the Company’s Managing Director, in relation to clause 5.1.8 (Cashing Out of Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date of the Agreement is 28 July 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Malpass Enterprises Unit Trust trading as Malpass Enterprises Pty Ltd, applied for the approval of the Malpass Enterprises Pty Ltd Enterprise Agreement 2013. The applicant sought the agreement's approval under section 233 of the Fair Work Act 2009, as it believed the agreement contained provisions that were more beneficial to employees than the applicable awards and that the agreement had been fairly negotiated. The applicant argued that the agreement addressed various employment matters, including wages, conditions, and dispute resolution mechanisms, and that it provided for a fair and efficient workplace.

The legal issues before the Commission were whether the agreement contained provisions that were more beneficial to employees than the applicable awards, and whether the agreement had been fairly negotiated. The Commission considered the evidence presented by both parties and examined the terms of the agreement to determine whether it met the statutory requirements for approval. The Commission also considered whether the agreement provided for a fair and efficient workplace and whether it addressed the needs of both the employer and employees.

After considering the evidence and arguments presented, the Commission found that the agreement contained provisions that were more beneficial to employees than the applicable awards and that the agreement had been fairly negotiated. The Commission was satisfied that the agreement addressed various employment matters and provided for a fair and efficient workplace. The Commission noted that the agreement included provisions for dispute resolution mechanisms, which the Commission considered to be an important aspect of a fair and efficient workplace. The Commission also noted that the agreement provided for a transparent and accessible process for addressing disputes between the employer and employees.

The Commission approved the Malpass Enterprises Pty Ltd Enterprise Agreement 2013, subject to certain conditions. The conditions included the requirement that the applicant provide the Commission with a copy of the agreement once it had been signed by the necessary parties, and that the applicant provide the Commission with a copy of any variations to the agreement in the future. The Commission also noted that the agreement would expire on 30 June 2018, and that any further application for approval of the agreement would need to be made before the expiry date.

Malpass Enterprises Unit Trust T/A Malpass Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established