DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Motivational Media Assemblies (Australia) Limited T/A Motivational Media
(AG2014/10966)

MOTIVATIONAL MEDIA ASSEMBLIES (AUSTRALIA) LIMITED SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 FEBRUARY 2015

Application for approval of the Motivational Media Assemblies (Australia) Limited Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Motivational Media Assemblies (Australia) Limited Single Enterprise Agreement 2015 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 February 2015. The nominal expiry date of the Agreement is 5 January 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Motivational Media Assemblies (Australia) Limited, trading as Motivational Media, applied to the Fair Work Commission for the approval of its Single Enterprise Agreement 2015. The dispute involved the terms and conditions of employment of the company’s staff, with a particular focus on the procedural fairness of the agreement's negotiation process. The case was heard by the Fair Work Commission, which is tasked with overseeing the implementation and approval of enterprise agreements in Australia.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it was procedurally fair. The company argued that it had properly negotiated the agreement with its employees, while the employees raised concerns about the fairness of the negotiation process and the transparency of the communication regarding the agreement's terms. The Commission needed to determine if the process was compliant with the Fair Work Act 2009 and if the agreement reflected a genuine bargain between the parties.

The Fair Work Commission found that the agreement was indeed the result of genuine negotiations. It concluded that the company had taken reasonable steps to ensure that its employees were aware of and could participate in the negotiation process. The Commission also held that the process was procedurally fair, as there was sufficient communication and opportunity for the employees to provide input. The company’s efforts to involve employee representatives and to explain the terms of the agreement were deemed adequate. Consequently, the Commission approved the agreement.

In light of its findings, the Fair Work Commission approved the Motivational Media Assemblies (Australia) Limited Single Enterprise Agreement 2015, affirming that it met the statutory requirements for genuine negotiation and procedural fairness. The Commission's decision was based on the evidence presented and its assessment of the negotiation process and communication efforts undertaken by the company.

Motivational Media Assemblies (Australia) Limited T/A Motivational Media

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established