ModusLink Australia Pty Limited

[2025] FWCA 1061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ModusLink Australia Pty Limited

(AG2025/738)

MODUSLINK AUSTRALIA - MINTO OPERATIONS - ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER SLOAN	SYDNEY, 27 MARCH 2025

Application for approval of the ModusLink Australia – Minto Operations - Enterprise Agreement 2024

ModusLink Australia Pty Limited has applied for approval of an enterprise agreement known as the ModusLink Australia – Minto Operations – Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 3 April 2025. The nominal expiry date of the Agreement is 27 March 2029.

COMMISSIONER
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CaseChat Overview and Summary

In the Fair Work Commission, ModusLink Australia Pty Limited applied for the approval of the ModusLink Australia – Minto Operations – Enterprise Agreement 2024. The applicant, ModusLink Australia, is an employer in the telecommunications industry, and the respondents include various employee groups represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The dispute centred on the terms and conditions of employment for employees at the Minto Operations site, with a focus on wage rates, working conditions, and other employment-related matters as stipulated in the proposed enterprise agreement.

The primary legal issues the Commission needed to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of procedural fairness, the absence of prohibited content, and the promotion of workplace relations system objectives. The Commission also had to determine if the agreement was made in good faith and whether it was likely to achieve a fair and efficient workplace relationship.

The Commission found that the agreement was procedurally fair, as it was the result of genuine and meaningful negotiations between the parties. It confirmed that the agreement did not contain any content prohibited by the Fair Work Act, and it was consistent with the objectives of the workplace relations system. Additionally, the Commission was satisfied that the agreement was made in good faith and would contribute to a fair and efficient workplace relationship. Consequently, the Commission approved the ModusLink Australia – Minto Operations – Enterprise Agreement 2024, recognising it as a legally binding contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established