Moffat Pty Ltd

[2022] FWCA 1885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moffat Pty Ltd

(AG2022/1646)

Moffat Pty Ltd Enterprise Agreement – NSW Service 2022-2025

Commercial sales
DEPUTY PRESIDENT MOLTONI	BRISBANE, 8 JUNE 2022

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

An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement – NSW 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 was the applicant seeking approval of an enterprise agreement between the company and its employees, to be administered by the Fair Work Commission (FWC) under the Fair Work Act 2009 (Cth). The dispute arose as the applicant sought to finalise the terms of the agreement with the union representing the employees, the National Transport Workers Union of Australia. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and contained the appropriate provisions. The court needed to assess the agreement's terms to ensure it was not contrary to public policy and that it met the standards set out in the Act. Additionally, the court had to consider whether the agreement provided for proper mechanisms for resolving disputes between the parties.

The court found that the agreement was made in good faith and contained the necessary provisions, including mechanisms for dispute resolution. The court also concluded that the agreement did not contravene any provisions of the Fair Work Act or public policy. The court took into account the submissions made by both parties, as well as the evidence presented, and was satisfied that the agreement met the requirements of the Act. The court approved the enterprise agreement.

The Federal Circuit Court of Australia approved the Moffat Pty Ltd Enterprise Agreement for the period 2022-2025, finding it to be in compliance with the Fair Work Act and not contrary to public policy. The agreement was deemed to have been made in good faith and contained the appropriate provisions, including mechanisms for dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established