DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MGJV Pty Ltd
(AG2015/5254)

MGJV PTY LTD ENTERPRISE AGREEMENT 2015

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2015

Application for approval of the MGJV Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MGJV Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MGJV 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 23 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

MGJV Pty Ltd, an Australian company, sought approval of the Enterprise Agreement 2015 from the Fair Work Commission. The application concerned a proposed agreement between the company and its employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, including its provisions on minimum entitlements and the proper process for the agreement's approval.

The court needed to determine whether the enterprise agreement met the statutory requirements, including whether it provided for minimum entitlements as per the Fair Work Act and whether the agreement was genuinely made. The court also considered whether the agreement was made in good faith and whether the proper process for making the agreement was followed.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. The court determined that the agreement met the statutory requirements for minimum entitlements and that the process for making the agreement was followed appropriately. The court concluded that the agreement was genuinely made and was in compliance with the Act. Consequently, the Fair Work Commission approved the Enterprise Agreement 2015.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2015 be approved, and it would come into effect on the date of the decision. The approval meant that the terms of the agreement would govern the employment conditions of the employees covered by the agreement.

MGJV 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