Monsu Caulfield Inc.

[2013] FWCA 7761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monsu Caulfield Inc.
(AG2013/2921)

MONSU CAULFIELD INC. COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 3 OCTOBER 2013

Application for approval of the MONSU Caulfield Inc. Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MONSU Caulfield Inc. Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise Agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union, 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 is approved. In accordance with s.54(1) it will operate from 10 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monsu Caulfield Inc. was the subject of an application for the approval of the MONSU Caulfield Inc. Collective Agreement 2013, which was heard in the Fair Work Commission. The applicant, Monsu Caulfield Inc., sought to have the agreement, which it had negotiated with the Shop, Distributive and Allied Employees Association (SDA), approved under the Fair Work Act 2009. The SDA, as the bargaining representative of the employees, also supported the application.

The primary legal issue before the Commission was whether the collective agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest, whether it complied with the relevant provisions of the Act, and if it had been negotiated in good faith. The Commission also needed to consider the impact of the agreement on the employees, including whether it provided appropriate protections and benefits.

The Fair Work Commission examined the terms of the agreement in detail, considering the provisions relating to wages, conditions, dispute resolution, and other employment matters. The Commission found that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions of employment for the employees. The agreement was also compliant with the Act, and the Commission was satisfied that it had been negotiated in good faith by both parties. The Commission noted that the agreement provided appropriate protections for employees, including provisions for fair and reasonable working hours, leave entitlements, and dispute resolution mechanisms.

Based on its findings, the Commission approved the MONSU Caulfield Inc. Collective Agreement 2013, and the application was successful. The Commission's decision was based on the evidence presented and the legal requirements set out in the Fair Work Act. The approved agreement will now govern the employment terms and conditions of the employees represented by the SDA at Monsu Caulfield Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established