DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2019/1741)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - QLD SERVICE 2016 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2019

Application for approval of the Moffat Pty Ltd Enterprise Agreement-QLD Service 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement-QLD Service 2016-2019 (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 18 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moffat Pty Ltd was the subject of an application for the approval of an enterprise agreement by the Fair Work Commission. The applicant, an employer, sought approval of a proposed enterprise agreement covering its employees. The nature of the dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal responsible for making the determination.

The primary legal issues before the Commission were whether the proposed agreement provided for the fair and reasonable terms and conditions of employment, and if it contained all the required provisions under the Fair Work Act. The Commission also had to consider whether the agreement had been made in good faith and whether it complied with the procedural requirements, including whether the agreement had been the subject of genuine bargaining between the parties.

The Fair Work Commission found that the proposed enterprise agreement contained terms and conditions that were fair and reasonable, and that it had been made in good faith. The Commission was satisfied that the agreement had been the subject of genuine bargaining, as evidenced by the various communications and negotiations between the parties. The Commission also found that the agreement complied with the procedural requirements of the Act. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the application for the approval of the Moffat Pty Ltd Enterprise Agreement-QLD Service 2016-2019, finding that it met the necessary criteria under the Fair Work Act. The agreement was approved as it contained fair and reasonable terms and conditions of employment, and had been made in good faith and with genuine bargaining.

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