DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mossop Group Pty Ltd T/A Mossop Construction and Interiors
(AG2016/5374)

MOSSOP GROUP PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Mossop Group Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mossop Group Pty Ltd 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 Mossop Group Pty Ltd T/A Mossop Construction and Interiors. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involves an application by Mossop Group Pty Ltd for approval of the Mossop Group Pty Ltd Enterprise Agreement 2016. The company, trading as Mossop Construction and Interiors, sought approval from the Fair Work Commission. The dispute centred around whether the terms and conditions of the proposed enterprise agreement were fair and reasonable for the employees involved. The court had to determine if the agreement complied with the relevant legislative framework and whether it met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the court had to address included whether the agreement provided for minimum terms as required by the Act, if the agreement was negotiated in good faith, and if the process of negotiation was appropriate and fair. Additionally, the court examined whether the agreement provided for a proper process for the resolution of disputes and if it adequately covered all aspects of employment conditions as required by the legislation.

The Fair Work Commission found that the Mossop Group Pty Ltd Enterprise Agreement 2016 met the necessary criteria for approval. The agreement was deemed to provide for minimum terms and conditions of employment, was negotiated in good faith, and included a proper process for the resolution of disputes. The Commission concluded that the agreement was fair and reasonable, taking into account the needs and interests of both the employer and the employees. The court thus approved the agreement, recognising it as a valid and binding contract between the parties involved.

The final orders of the Commission included the approval of the Mossop Group Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement.

Mossop Group Pty Ltd T/A Mossop Construction and Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established