DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2016/5793)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - VICTORIAN SERVICE, WAREHOUSE AND WORKSHOP 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2016-2019.

[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 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 Applicant 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. 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. 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 the subject of an application for the approval of an enterprise agreement, which was made by the applicant union under section 172 of the Fair Work Act 2009 (Cth). The agreement was between Moffat Pty Ltd and various employees in the Victorian service, warehouse, and workshop sectors for the years 2016 to 2019. The Fair Work Commission was the tribunal that heard and determined the application.

The legal issues before the Commission were whether the enterprise agreement met the requirements of section 234 of the Fair Work Act and whether the agreement was in the best interests of the employees, considering factors such as the agreement's provisions, the bargaining positions of the parties, and the overall impact on the employees. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees when compared to the applicable award.

In determining the application, the Commission assessed the terms and conditions of the enterprise agreement against the criteria set out in section 234 of the Fair Work Act. The Commission found that the agreement met the requirements of the Act, as it contained provisions that were not less favourable than the applicable award and provided for benefits to the employees. The Commission considered the overall package of the agreement, including the wage increases, penalty rates, and other conditions, and concluded that the agreement was in the best interests of the employees. The Commission found that the agreement was "better off overall" for the employees when compared to the applicable award.

As a result of its determination, the Fair Work Commission approved the enterprise agreement, which will now apply to the employees covered by the agreement. The agreement will remain in effect for the duration of the specified period, unless terminated earlier in accordance with the provisions of the Fair Work Act. The decision of the Commission is final and binding on the parties involved.

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