DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MOAG Pty Ltd
(AG2017/5360)

MOAG PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the MOAG Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MOAG Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MOAG 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 14 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MOAG Pty Ltd recently sought approval for the MOAG Pty Ltd Enterprise Agreement 2017, a dispute that came before the Fair Work Commission. The applicant, MOAG Pty Ltd, is a company operating in the Australian agricultural sector, while the respondent, the Meat & Food Trades Union, represents the employees in question. The disagreement centres around the terms and conditions outlined in the proposed enterprise agreement, specifically whether they meet the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement did not disadvantage employees, that it was made in good faith, and that it included appropriate processes for resolving disputes. Additionally, the Commission had to consider whether the agreement met the threshold of being "in the national interest," given the potential impact on the agricultural industry.

In its decision, the Commission carefully examined the terms of the agreement and the evidence presented by both parties. It found that the agreement was made in good faith and did not disadvantage employees, as the union had adequately represented its members and the terms were fair. The Commission also determined that the agreement included sufficient mechanisms for resolving disputes and that it met the threshold of being in the national interest. Consequently, the Commission approved the MOAG Pty Ltd Enterprise Agreement 2017, enabling it to come into effect as a legally binding instrument.

The Fair Work Commission's approval of the enterprise agreement provides a framework for the relationship between MOAG Pty Ltd and its employees, potentially setting a precedent for similar agreements in the agricultural sector. This decision underscores the importance of ensuring that enterprise agreements are made in good faith, do not disadvantage employees, and include effective dispute resolution mechanisms.

MOAG 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