Moffat Pty Ltd

[2022] FWCA 250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moffat Pty Ltd

(AG2021/9122)

Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025

Commercial sales
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2022

Application for approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025

An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 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 Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) was provided to employees twice, the first NERR being provided within timeframe prescribed by s.173(3) of the Act. The second was provided outside of the timeframe due to an abundance of caution by the Employer to ensure all eligible employees had received the notification. On the basis of the materials before me, I am satisfied that the provision of the second NERR represents a minor procedural or technical error and therefore, pursuant to s 188(2)(a) of the Act, the agreement has been genuinely agreed to by the employees.

Noting the minor error above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Moffat Pty Ltd applied for the approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025. The agreement was negotiated between the company and the Australian Manufacturing Workers' Union. The dispute centred around the compliance of the agreement with the relevant federal industrial laws, specifically the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under the Act, including being free from prohibited content and meeting the requirements for good faith bargaining and procedural fairness.

The primary legal issues involved examining the content of the agreement to ensure it did not include any provisions that were contrary to public policy or industrial law. The Commission also had to assess if the bargaining process adhered to the principles of good faith and procedural fairness, and if the agreement was made in the absence of any duress, coercion, or unfair labour practices. Furthermore, the Commission considered whether the agreement provided for the proper classification and remuneration of employees, and whether it contained any terms that were otherwise unfair or unreasonable.

In delivering its decision, the Commission found that the agreement complied with all necessary legal requirements. The bargaining process was deemed to be conducted in good faith, and there was no evidence of any unfair practices or coercion. The terms of the agreement were fair and reasonable, providing for appropriate classification and remuneration of employees. The Commission concluded that the agreement was made without any duress or coercion and met all the statutory requirements for approval. Consequently, the Commission approved the agreement.

The Commission ordered that the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025 be approved and registered under the Fair Work Act 2009. The agreement was to commence on 1 July 2022 and remain in effect until 30 June 2025, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established