Mechanical Maintenance Solutions Pty Ltd

[2016] FWCA 1799

[2016] FWCA 1799

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Mechanical Maintenance Solutions Pty Ltd
(AG2016/2426)
MMS ENTERPRISE AGREEMENT 2016-2020
Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2016

Application for approval of the MMS Enterprise Agreement 2016-2020.

[1]        An application has been made for approval of an enterprise agreement known as the

MMS Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant

to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mechanical Maintenance

Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2]        The Applicant has provided a written undertaking in anticipation of Commission

concern about payment for casual employees working on a public holiday. I confirm that I

had such a concern in relation to these employees in assessing whether the Agreement passes

the better off overall test. I am satisfied that the undertaking provided by the Applicant

addresses that concern. A copy of the undertaking is attached in Annexure A. I am satisfied

that the undertaking will not cause financial detriment to any employee covered by the

Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3]        Subject to the undertaking 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.
[2016] FWCA 1799

[4]        The Agreement was approved on 22 March 2016 and, in accordance with s.54, will

operate from 29 March 2016. The nominal expiry date of the Agreement is 15 January 2020.

COMMISSIONER

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[2016] FWCA 1799

ANNEXURE A