MMD Australia Pty Ltd

Case

[2024] FWCA 574

9 FEBRUARY 2024


[2024] FWCA 574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MMD Australia Pty Ltd

(AG2024/177)

MMD AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

DEPUTY PRESIDENT GRAYSON

SYDNEY, 9 FEBRUARY 2024

Application for approval of the MMD Australia Pty Ltd Enterprise Agreement 2023

Introduction

  1. MMD Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MMD Australia Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 20 October 2021, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, apply to the present application. Further, as the Agreement was made on 18 January 2024 the better off overall test requirements in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

Section 186, 187 and 188

  1. 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.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2024. The nominal expiry date of the Agreement is 1 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE523511  PR771189>

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