Mightylagg Services Pty Ltd

Case •

[2023] FWCA 2557

•

15 AUGUST 2023
[2023] FWCA 2557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mightylagg Services Pty Ltd

(AG2023/2609)

MIGHTYLAGG SERVICES PTY LTD ON-SITE WORK ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER MCKINNON

SYDNEY, 15 AUGUST 2023

Application for approval of the Mightylagg Services Pty Ltd On-site Work Enterprise Agreement 2023

  1. Mightylagg Services Pty Ltd has applied for approval of a single enterprise agreement known as the Mightylagg Services Pty Ltd On-site Work Enterprise Agreement 2023 (the Agreement).

  1. It is necessary to record that in the process of making the Agreement, an error occurred. There were not at least seven clear days between the giving of notice of the vote to approve the Agreement and commencement of the vote. However, in the circumstances, including the voting history in relation to the Agreement and the number of employees who participated in the vote to approve the Agreement, I am satisfied the error was both a minor procedural error and one that is unlikely to have disadvantaged any employee. Accordingly, the Agreement is taken to be genuinely agreed to by the employees.

  1. The Australian Workers’ Union (AWU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) are bargaining representatives in relation to the Agreement. The AWU has raised a concern about whether the Agreement passes the better off overall test in relation to casual employees, because of the lower rate of casual loading. I am not concerned that the Agreement does not pass the better off overall test on this basis, because of the higher minimum rates of pay in the Agreement. Employees, including casual employees, will be better off under the Agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement is approved and will operate from 22 August 2023. The nominal expiry date of the Agreement is 15 August 2026.

  1. The Agreement covers the AMWU and AWU.


COMMISSIONER

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