Mb Solutions Australia Pty Ltd T/A Master Builders Solutions

[2024] FWCA 449

[2024] FWCA 449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mb Solutions Australia Pty Ltd T/A Master Builders Solutions

(AG2023/5252)

MB SOLUTIONS AUSTRALIA PTY LTD (SEVEN HILLS) AWU ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 FEBRUARY 2024

Application for approval of the MB Solutions Australia Pty Ltd (Seven Hills) AWU Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the MB Solutions Australia Pty Ltd (Seven Hills) AWU 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 Mb Solutions Australia Pty Ltd T/A Master Builders Solutions. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 14 August 2023 and the Agreement was made on 4 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. The Agreement title on the Notice of Employee Representational Rights is different to the Agreement title in Clause 1 of the Agreement. I am satisfied that this is a minor and technical error pursuant to s.188(5) of the Act.

1. The Australian Workers' Union in their Form F18 Declaration of employee organisation in relation to an application for approval of an enterprise agreement submit that several clauses of the Agreement provide less beneficial terms to that in the Award. The Applicant provided satisfactory submissions and undertakings which in my view remove both the concerns I held and those advanced by the The Australian Workers' Union.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Australian Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

<AE523392  PR770851>