Mooney Services Pty Ltd ATF Mooney Services Trust Summary

[2013] FWCA 6701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mooney Services Pty Ltd ATF Mooney Services Trust
(AG2013/7098)

MOONEY ENTERPRISE AGREEMENT

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Mooney Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Mooney Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mooney Services Pty Ltd as trustee for the Mooney Services Trust. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Dr William Mooney, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clause 18(iii) will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A to this decision.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mooney Services Pty Ltd, trading as Mooney Bus Services, applied for approval of the Mooney Enterprise Agreement 2023. The application was before the Fair Work Commission. The dispute centred on the provisions of the proposed agreement, particularly those relating to pay rates, classification of employees, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a single-enterprise agreement.

The legal issues before the Commission included assessing whether the proposed agreement provided for adequate pay rates and classification of employees, and whether the dispute resolution mechanisms were appropriate. Additionally, the Commission needed to determine whether the agreement complied with the good faith bargaining requirement and whether it was a genuine single-enterprise agreement. The Commission considered submissions from both parties and examined the evidence provided, including the context of the enterprise and the bargaining process.

The Fair Work Commission approved the Mooney Enterprise Agreement 2023, finding that it complied with the relevant provisions of the Fair Work Act 2009. The Commission determined that the agreement provided for adequate pay rates and classification of employees, and that the dispute resolution mechanisms were appropriate. The Commission also found that the agreement was the product of good faith bargaining and was a genuine single-enterprise agreement. The decision was based on the evidence presented and the Commission's assessment of the agreement's compliance with the Act.

Mooney Services Pty Ltd ATF Mooney Services Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established