DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2019/1076)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - VICTORIAN SERVICE, WAREHOUSE AND WORKSHOP 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2019-2021

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2019-202 (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] I note that the Notice of employee representational rights (NERR) provided to the employees is an earlier version of the notice which has since been superseded. As the NERR provided to employees contains content that is not prescribed by the Fair Work Regulations 2009 it therefore contravenes s.174 (1A) of the Act. However, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error.

[1] 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.

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

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moffat Pty Ltd was a case before the Fair Work Commission, where the applicant, Moffat Pty Ltd, sought approval of an enterprise agreement with their employees. The agreement in question covered the period from 2019 to 2021 and related specifically to the Victorian Service, Warehouse, and Workshop sectors. The dispute arose as Moffat Pty Ltd sought to formalise terms of employment with its workforce, including wages, working conditions, and other employment-related matters, in accordance with the Fair Work Act 2009.

The central legal issues before the Commission involved the compliance of the proposed agreement with the statutory requirements of the Fair Work Act, including whether the agreement met the genuine bargain test, was free from prohibited content, and was made in good faith. Additionally, the Commission had to consider whether the agreement adequately protected the interests of employees, including those who were not directly represented by a union.

In its decision, the Commission assessed the agreement against the statutory framework, considering submissions from both parties. The Commission found that the proposed agreement was made in good faith and did not contain any prohibited content. It also determined that the agreement satisfied the genuine bargain test, as it reflected the independent consideration of terms by the parties. The Commission noted that the agreement provided fair and reasonable terms for employees, taking into account the economic context and the bargaining positions of the parties. Given these findings, the Commission approved the application for the agreement, affirming its compliance with the Fair Work Act.

The Fair Work Commission approved the application for the Moffat Pty Ltd Enterprise Agreement, effective from 2019 to 2021 for the Victorian Service, Warehouse, and Workshop sectors. This decision was based on the Commission's determination that the agreement was made in good faith, was free from prohibited content, and satisfied the genuine bargain test.

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