Moffat Pty Ltd

[2013] FWCA 4363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2013/7248)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - VICTORIAN SERVICE, WAREHOUSE AND WORKSHOP AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 JULY 2013

Application for approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Moffat Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 July 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moffat Pty Ltd, represented by the employer, sought approval of the Enterprise Agreement from the Fair Work Commission. The applicants were the employer and the union representing the employees. The nature of the dispute was whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. The court was the Fair Work Commission, presided over by Commissioner J. Smith.

The legal issues the court needed to decide involved whether the agreement contained the mandated minimum terms and conditions, if it was free from prohibited content, and if it complied with the good faith bargaining requirement. The court had to ensure that the agreement was not only procedurally sound but also substantively fair and reasonable. The employer argued that the agreement was comprehensive and negotiated in good faith, while the union supported these claims but also raised concerns about certain clauses' implications for employee rights.

Commissioner Smith examined the agreement's provisions and the bargaining process. The court found that the agreement met the legal requirements under the Fair Work Act, including the mandatory minimum terms and conditions, and was free from prohibited content. The court was satisfied that the agreement was the product of genuine and meaningful negotiations between the parties. Commissioner Smith concluded that the agreement was fair and reasonable, and therefore approved it under the Act.

The Fair Work Commission approved the Moffat Pty Ltd Enterprise Agreement, validating its terms and conditions as compliant with the statutory requirements. The approval ensures that the agreement will be binding on the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established