Mobile Conveying Services Pty Ltd Summary

[2013] FWCA 5238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mobile Conveying Services Pty Ltd
(AG2013/7695)

MOBILE CONVEYING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 AUGUST 2013

Application for approval of the Mobile Conveying Services Pty Ltd Enterprise Agreement 2013-2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 July 2013 by Mobile Conveying Services Pty Ltd for the approval of a single-enterprise agreement known as the Mobile Conveying Services Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Mobile Conveying Services Pty Ltd sought approval of the Mobile Conveying Services Pty Ltd Enterprise Agreement 2013-2016 under section 234 of the Fair Work Act 2009. The applicant, an employer, and the Transport Workers Union, representing employees, had reached an agreement but needed Fair Work Commission's approval to become a registered agreement. The Commission was required to determine whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions and complied with the good faith bargaining obligations.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for registration and whether it was the product of genuine and fair bargaining. The Commission considered the provisions of the agreement, the bargaining process, and whether the agreement provided for fair and reasonable terms and conditions. The Commission also considered whether the agreement met the requirements of the good faith bargaining obligations, including whether the parties had negotiated in good faith and whether the agreement reflected the outcome of genuine and meaningful bargaining.

The Fair Work Commission found that the agreement met the statutory requirements for registration and was the product of genuine and fair bargaining. The Commission found that the agreement provided for fair and reasonable terms and conditions and reflected the outcome of genuine and meaningful bargaining. The Commission was satisfied that the parties had negotiated in good faith and that the agreement met the requirements of the good faith bargaining obligations. The Commission approved the agreement, which became a registered agreement under the Act.

The Commission made orders approving the Mobile Conveying Services Pty Ltd Enterprise Agreement 2013-2016 as a registered agreement under section 234 of the Fair Work Act 2009. The agreement was registered on the date of the Commission's decision. The parties were directed to take all necessary steps to give effect to the agreement. The Commission's decision was final and binding on the parties.

Mobile Conveying Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established