MMD Australia Pty Ltd

[2017] FWCA 4123

[2017] FWCA 4123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMD Australia Pty Ltd
(AG2017/2845)

MMD AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 7 AUGUST 2017

Application for approval of the MMD Australia Pty Ltd Enterprise Agreement 2017.

[1] On 13 July 2017 MMD Australia Pty Ltd (Applicant) made an application for approval of the MMD Australia Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] I note that clause 22 of the Agreement makes provision that the employer may recover an amount paid to an employee that the employee is not entitled to because of either an unauthorised absence from work or an error by the employer in processing wages. In my view, the clause may not be a permitted deduction within the meaning of s.324 of the Act and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 August 2017. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

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Annexure A