Moffat Pty Ltd

[2013] FWCA 4402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2013/7150)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - QLD SERVICE 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 JULY 2013

Application for approval of the Moffat Pty Ltd Enterprise Agreement - QLD Service
2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - QLD Service 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Moffat Pty Ltd. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moffat Pty Ltd, an employer, and Queensland Service, a union representing employees, applied for the approval of an enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which must decide whether the agreement meets the requirements of the Act. The union argued that the agreement was not in the best interests of the employees due to inadequate provisions on wages and conditions. The employer contended that the agreement was fair and reasonable, meeting all legal requirements.

The court had to determine whether the agreement met the "better off overall test" as outlined in the Act, which requires that employees be no worse off and at least some employees be better off financially under the new agreement. The court also had to assess whether the agreement contained the mandated terms and conditions and whether it was made in good faith. Furthermore, the court needed to consider whether the agreement provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the better off overall test, as some employees would receive higher wages and improved conditions. The agreement contained the mandated terms and conditions, and the court was satisfied that it was made in good faith. The Commission also determined that the dispute resolution mechanisms were appropriate. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the enterprise agreement between Moffat Pty Ltd and Queensland Service, effective from 1 July 2013 to 30 June 2016. The court's decision was based on the finding that the agreement met the requirements of the Fair Work Act, including the better off overall test, contained the mandated terms and conditions, and was made in good faith. The agreement's dispute resolution mechanisms were also deemed appropriate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established