DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mass Solutions WA Pty Ltd T/A Mass Solutions WA Pty Ltd
(AG2016/6443)

MASS SOLUTIONS WA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Mass Solutions WA Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mass Solutions WA Pty Ltd Enterprise 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 Mass Solutions WA Pty Ltd T/A Mass Solutions WA 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2016. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mass Solutions WA Pty Ltd T/A Mass Solutions WA Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Mass Solutions WA Pty Ltd Enterprise Agreement 2016. The applicant, Mass Solutions WA Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, which raised objections on behalf of its members who were covered by the agreement.

The central legal issues the Commission had to address included whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its fairness, and whether the necessary procedural requirements had been satisfied. The Commission examined whether the agreement was made in good faith, whether it provided for procedural fairness, and whether it contained terms and conditions that were not contrary to public policy or unfair. Additionally, the Commission considered whether the agreement met the requirements for a simple summary, which was crucial for the members' understanding and informed decision-making.

In delivering its decision, the Commission found that the agreement was fair and reasonable and complied with the statutory requirements. The Commission noted that the agreement contained appropriate terms and conditions that were not contrary to public policy, and it satisfied the procedural fairness requirements. The Commission also determined that the simple summary provided was adequate for members to understand the key features of the agreement. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act.

The Fair Work Commission approved the Mass Solutions WA Pty Ltd Enterprise Agreement 2016, finding it to be fair and reasonable, and compliant with the statutory requirements. The Commission's decision recognised the agreement as a registered enterprise agreement under the Fair Work Act 2009, enabling its enforcement against the parties involved.

Mass Solutions WA Pty Ltd T/A Mass Solutions WA 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