Moffat Pty Ltd

[2013] FWCA 3076

FAIR WORK COMMISSION

DECISION

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

Moffat Pty Ltd
(AG2013/6382)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - NSW SERVICE 2013-2016

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 20 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - NSW Service 2013 -2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 Agreement is approved and, in accordance with s.54, will operate from 27 May 2013. The nominal expiry date is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moffat Pty Ltd recently came before the Australian Industrial Relations Commission where the primary issue was the application for approval of an enterprise agreement. The enterprise agreement in question pertained to the NSW Service 2013-2016 and was submitted by the employer, Moffat Pty Ltd. The legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it had been fairly and genuinely negotiated. The court had to ensure that the agreement did not undermine the rights of employees or the principles of the safety net.

The commission began its analysis by examining the procedural fairness of the negotiation process, considering if both parties had genuinely attempted to reach an agreement. The commission also evaluated the substantive fairness of the agreement, focusing on whether it met the minimum entitlements stipulated by the Act. The court further considered whether the agreement was in the best interest of the employees and if it provided for a fair and reasonable outcome. Additionally, the commission scrutinised the agreement to ensure it complied with the good faith bargaining requirements.

After a thorough examination, the commission found that the agreement had been fairly and genuinely negotiated and met the statutory requirements. The agreement was deemed to provide a fair and reasonable outcome for the employees and did not undermine the safety net provisions. Consequently, the commission approved the enterprise agreement. The final orders included the approval of the enterprise agreement and the mandating of its implementation between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established