DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2016/6662)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - QLD SERVICE 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2016

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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moffat Pty Ltd was the applicant in an application for the approval of an Enterprise Agreement under the Fair Work Act 2009 (Cth). The application was heard by the Fair Work Commission, which has the power to approve an Enterprise Agreement if it satisfies certain criteria. The applicants sought approval of an Enterprise Agreement for employees working in the Queensland Service for the period 2016-2019. The dispute centered on the terms and conditions of employment within the agreement, including pay rates, hours of work, and other workplace conditions.

The central legal issues before the Commission were whether the proposed Enterprise Agreement met the legal requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a safety net of minimum wages and conditions, if it allowed for genuine bargaining, and if it met the procedural requirements for application. The Commission also considered whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

In delivering its decision, the Commission carefully examined the contents of the proposed Enterprise Agreement and the process by which it was negotiated. The Commission found that the agreement provided for a safety net of minimum wages and conditions and that the negotiation process was genuine. The Commission also determined that the agreement complied with all procedural requirements and was in the best interests of the employees. Consequently, the Commission approved the application for the agreement, noting that it met all the statutory criteria for approval under the Fair Work Act.

The Commission's final order was to approve the Moffat Pty Ltd Enterprise Agreement for the Queensland Service 2016-2019, subject to the terms and conditions set out in the agreement. The decision underscores the importance of ensuring that Enterprise Agreements meet the statutory requirements and provide fair and reasonable terms and conditions for 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