MPS Hold Co. Pty Ltd
[2022] FWCA 4015
•16 NOVEMBER 2022
| [2022] FWCA 4015 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MPS Hold Co. Pty Ltd
(AG2022/4409)
MPS Victorian Production Enterprise Agreement 2021
| Storage services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 16 NOVEMBER 2022 |
Application for approval of the MPS Victorian Production Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the MPS Victorian Production Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, MPS Hold Co. Pty Ltd. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 16 November 2022 and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 15 November 2025.
DEPUTY PRESIDENT
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Annexure A
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