DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Molonglo Financial Services Limited
(AG2016/1490)

MOLONGLO FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Molonglo Financial Services Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Molonglo Financial Services Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Molonglo Financial Services Limited. 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.

[3] The Finance Sector Union of Australia 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 28 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Molonglo Financial Services Limited Enterprise Agreement 2016. Molonglo Financial Services Limited, the applicant, sought approval for the enterprise agreement to be applicable to their employees. The respondents, who were not named, opposed the approval on various grounds.

The legal issues that the Commission was required to decide included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and whether it complied with procedural requirements such as proper bargaining and notification. Additionally, the Commission needed to consider the fairness and reasonableness of the agreement's terms.

The Commission found that the agreement had been made in good faith and contained all the mandated minimum terms and conditions. The bargaining process was deemed to be procedurally sound, with proper notification and opportunities for consultation. The terms of the agreement were considered fair and reasonable, taking into account the needs of both parties and the broader economic context. Consequently, the Commission approved the agreement, emphasising the importance of maintaining a balanced and fair relationship between employers and employees.

The final orders of the Commission included the approval of the Molonglo Financial Services Limited Enterprise Agreement 2016, which would now be applicable to the relevant employees. The agreement was to be registered and would take effect from a specified date, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship moving forward.

Molonglo Financial Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established