DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreland Energy Foundation Limited (MEFL) T/A Moreland Energy Foundation
(AG2018/610)

MORELAND ENERGY FOUNDATION LTD ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2018

Application for approval of the Moreland Energy Foundation Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Moreland Energy Foundation Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moreland Energy Foundation Limited (MEFL) T/A Moreland Energy Foundation. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2018. The nominal expiry date of the Agreement is 11 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moreland Energy Foundation Limited, trading as Moreland Energy Foundation, sought approval of the Moreland Energy Foundation Ltd Enterprise Agreement 2018 from the Fair Work Commission. The application arose from negotiations between the parties under the Fair Work Act 2009. The Commission was required to determine whether the proposed agreement met the criteria for approval, specifically whether it was a "better off overall test" (BOOT) agreement.

The central legal issue before the Commission was whether the proposed agreement provided employees with a BOOT compared to the applicable awards and whether the agreement complied with the requirements of the Fair Work Act. The Commission considered various factors, including changes in wages, allowances, and other conditions of employment, as well as the overall fairness of the agreement. The parties presented submissions and evidence to support their respective positions.

The Commission found that the proposed agreement met the BOOT criteria, as it provided employees with improved conditions and benefits compared to the applicable awards. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for good faith bargaining and the protection of employees' rights. Consequently, the Commission approved the Moreland Energy Foundation Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the Moreland Energy Foundation Ltd Enterprise Agreement 2018, finding it to be a BOOT agreement and compliant with the Fair Work Act. This decision ensures that the employees of Moreland Energy Foundation will benefit from the improved terms and conditions outlined in the agreement, while also upholding the principles of fair work legislation.

Moreland Energy Foundation Limited (MEFL) T/A Moreland Energy Foundation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established