DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Move It Vic Pty Ltd
(AG2018/5693)

MOVE IT VIC PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 18 MARCH 2019

Application for approval of the Move It Vic Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Move It Vic Pty 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 Move It Vic Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Move It Vic Pty Ltd Enterprise Agreement 2018, between the employer, Move It Vic Pty Ltd, and the union, the Transport and Distribution Workers Union. The dispute centred on whether the agreement met the statutory requirements for approval, including fairness, coverage, and procedural correctness. The employer argued that the agreement was fair, while the union contested certain aspects, particularly those concerning employee entitlements and procedural fairness.

The legal issues before the Commission included whether the agreement was made in good faith, whether it met the "better off overall test", and whether the process leading to its creation was procedurally sound. The Commission examined the nature of the negotiations, the terms of the agreement, and the impact on the employees. It also considered whether there was compliance with the relevant sections of the Fair Work Act 2009.

The Commission found that the agreement was made in good faith and met the better off overall test, ensuring that employees were not disadvantaged. The Commission also determined that the procedural steps were adequately followed, and the union's concerns about certain terms were addressed. The agreement was found to be fair and thus approved for registration. The Commission emphasised the importance of maintaining a balanced approach between the rights of employers and employees.

The Fair Work Commission approved the Move It Vic Pty Ltd Enterprise Agreement 2018 for registration. The decision was made on the basis that the agreement met the statutory requirements and was fair to the employees. The approval ensures that the terms and conditions set out in the agreement will be legally enforceable.

Move It Vic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established