DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2019/1809)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - NSW SERVICE 2019 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

Application for approval of the Moffat Pty Ltd Enterprise Agreement - NSW Service 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - NSW Service 2019 - 2021 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moffat Pty Ltd was involved in a dispute with its employees concerning the terms and conditions of their employment. The matter was brought before the Fair Work Commission, which was tasked with deciding whether to approve the proposed Enterprise Agreement between Moffat Pty Ltd and its employees for the period 2019 to 2021. The primary legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Fair Work Commission considered the various provisions of the Enterprise Agreement, including the terms regarding wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission assessed whether the agreement met the statutory criteria for approval, such as whether it provided for the minimum entitlements as specified by the Fair Work Act, and whether it was free from any provisions that could be considered contrary to public policy or detrimental to the employees. The Commission also evaluated the process by which the agreement was negotiated and the level of employee participation in that process.

After thorough examination, the Commission determined that the proposed Enterprise Agreement did not adequately address the minimum entitlements required by the Fair Work Act and contained certain provisions that were contrary to public policy. Consequently, the Commission decided not to approve the Enterprise Agreement. The Commission emphasised the importance of ensuring that all employees are provided with fair and reasonable terms of employment that comply with legislative standards.

The Fair Work Commission's decision resulted in the refusal to approve the Moffat Pty Ltd Enterprise Agreement for the period 2019 to 2021. The Commission directed the parties to continue bargaining in good faith to reach an agreement that meets the statutory requirements and is in the best interests of the employees.

Moffat Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established