DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MAS Australasia Pty Ltd T/A MAS
(AG2016/4704)

MAS AUSTRALASIA PTY LTD EMPLOYEE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 AUGUST 2016

Application for approval of the MAS Australasia Pty Ltd Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MAS Australasia Pty Ltd Employee Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MAS Australasia Pty Ltd T/A MAS. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 August 2016 and, in accordance with s.54, will operate from 29 August 2016. The nominal expiry date of the Agreement is 22 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MAS Australasia Pty Ltd, trading as MAS, applied for the approval of the MAS Australasia Pty Ltd Employee Agreement 2016. The application was heard in the Fair Work Commission. The application arose from the company's desire to have the agreement approved as a safety net agreement under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval as a safety net agreement, specifically whether it provided no less than the national minimum terms and conditions of employment as set out in the relevant award and whether it was consistent with the public interest.

The Commission found that the proposed agreement met the necessary criteria. The agreement provided no less than the national minimum terms and conditions and was consistent with the public interest. The Commission noted that the agreement was based on the existing enterprise agreement and maintained the same terms and conditions. The Commission further found that the proposed agreement would provide certainty and stability for employees and would not undermine the industrial relations system. Therefore, the Commission approved the application for the agreement to be registered as a safety net agreement.

The Fair Work Commission approved the application for the MAS Australasia Pty Ltd Employee Agreement 2016 to be registered as a safety net agreement. This decision ensures that employees of MAS Australasia Pty Ltd will have a fair and consistent set of terms and conditions of employment. The registration of the agreement provides certainty and stability for both the company and its employees. The decision also reinforces the importance of maintaining a balanced and fair industrial relations system.

MAS Australasia Pty Ltd T/A MAS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established