Moffat Pty Ltd

[2022] FWCA 1882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Moffat Pty Ltd

(AG2022/1619)

Moffat Pty Ltd Enterprise Agreement – QLD Service 2022-2025

Commercial sales
DEPUTY PRESIDENT MOLTONI	BRISBANE, 8 JUNE 2022

Application for approval of the Moffat Pty Ltd Enterprise Agreement – QLD Service 2022-2025

An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement – QLD Service 2022-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moffat Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moffat Pty Ltd and the United Workers Union (UWU) sought approval of an enterprise agreement under the Fair Work Act 2009 (Cth). The dispute was heard by the Fair Work Commission (FWC) in the context of industrial relations, with the UWU representing the interests of the workers. The core issue was whether the proposed agreement met the legal standards for approval, particularly focusing on the provisions concerning penalty rates, shift loadings, and annual leave.

The FWC examined if the agreement adequately balanced the interests of both parties, ensuring that the workers were not unjustifiably disadvantaged. The UWU argued that the proposed agreement did not sufficiently protect the workers' rights, especially in terms of penalty rates and leave entitlements. In contrast, Moffat Pty Ltd contended that the agreement was fair and reasonable, reflecting the current economic conditions and the need for flexibility. The FWC considered the specific circumstances of the workforce and the broader economic environment, assessing whether the agreement provided a fair and reasonable outcome for the workers.

After thorough deliberation, the FWC found that the agreement was fair and reasonable. The FWC concluded that the provisions on penalty rates, shift loadings, and annual leave were balanced and did not unfairly disadvantage the workers. The FWC emphasised the importance of flexibility in the agreement to accommodate the operational needs of the company while ensuring that the workers' rights were protected. Consequently, the FWC approved the enterprise agreement, stating that it met the legal requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established