MGH Employment and Training Pty Ltd Summary

[2023] FWCA 2922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MGH Employment and Training Pty Ltd

(AG2023/2841)

MGH EMPLOYMENT AND TRAINING PTY LTD AND UNITED WORKERS’ UNION AGREEMENT 2023

Hospitality industry
COMMISSIONER MCKINNON	SYDNEY, 12 SEPTEMBER 2023

Application for approval of the MGH Employment and Training Pty Ltd and United Workers’ Union Agreement 2023

MGH Employment and Training Pty Ltd has applied for approval of a single enterprise agreement known as the MGH Employment and Training Pty Ltd and United Workers’ Union Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 19 September 2023. The nominal expiry date of the Agreement is 30 June 2025.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the United Workers’ Union.

COMMISSIONER

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CaseChat Overview and Summary

MGH Employment and Training Pty Ltd applied for approval of an enterprise agreement with the United Workers' Union. The application was made under section 176 of the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the procedural and substantive requirements of the Act. The Fair Work Commission heard the application.

The legal issues the court needed to address included whether the agreement was made in accordance with the procedural fairness provisions, particularly whether genuine bargaining had occurred and whether the agreement met the "better off overall" test. Additionally, the court needed to determine if the agreement contained mandatory terms and whether it adhered to other statutory requirements.

The Commission found that the agreement was made following genuine bargaining processes and met the "better off overall" test. It was concluded that all employees covered by the agreement would be better off overall, including any loss of penalty rates being compensated by other benefits. The agreement contained no mandatory terms contrary to the Act, and it adhered to all statutory requirements. Therefore, the application was approved.

The Fair Work Commission approved the MGH Employment and Training Pty Ltd and United Workers' Union Agreement 2023. The approval is effective from the date of the decision and will apply to all employees covered by the agreement. The Commission emphasised the importance of genuine bargaining and the need for all parties to comply with the statutory requirements of the Fair Work Act 2009.

MGH Employment and Training Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established