| [2015] FWCA 7946 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
MEGT (Australia) Ltd
(AG2015/5844)
MEGT STAFF ENTERPRISE AGREEMENT 2015-2018
Educational services | |
VICE PRESIDENT CATANZARITI | SYDNEY, 18 NOVEMBER 2015 |
Application for approval of the MEGT Staff Enterprise Agreement 2015-2018.
[1] An application has been made for approval of an enterprise agreement known as the MEGT Staff Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MEGT (Australia) Ltd. 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.
[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is 30 June 2018.
VICE PRESIDENT
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- AGLC
- MEGT (Australia) Ltd [2015] FWCA 7946
- Case
- [2015] FWCA 7946
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC encompassed whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly regarding the procedural fairness and good faith bargaining. It was also necessary to determine whether the agreement met the statutory requirements such as covering minimum entitlements, being in writing, and being made by an authorised bargaining representative.
The FWC examined the evidence provided and found that the agreement was made in good faith and that the bargaining process was procedurally fair. The tribunal considered the submissions made by the parties and the provisions of the Fair Work Act. The FWC determined that the agreement met all statutory requirements and did not contravene any provisions of the Act. Consequently, the FWC approved the MEGT Staff Enterprise Agreement 2015-2018.
The FWC's final orders included the approval of the enterprise agreement, which would now be registered with the Fair Work Commission and enforceable under the Fair Work Act. This decision ensures that the terms and conditions of employment for the staff covered by the agreement are legally binding and recognised by the FWC.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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