MPS Hold Co. Pty Ltd T/A MPS

[2018] FWCA 7542

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

MPS Hold Co. Pty Ltd T/A MPS

(AG2018/3842)

MPS Victorian Production Employees Agreement

Storage services
Deputy President Colman	MELBOURNE, 12 DECEMBER 2018

Application for approval of the MPS Victorian Production Employees Agreement.

An application has been made for approval of an enterprise agreement known as the MPS Victorian Production Employees Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MPS Hold Co. Pty Ltd T/A MPS. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 12 December 2018 and, in accordance with s.54, will operate from 19 December 2018. The nominal expiry date of the Agreement is 12 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MPS Hold Co. Pty Ltd, trading as MPS, brought an application before the Fair Work Commission seeking approval of the MPS Victorian Production Employees Agreement. The agreement was designed to cover a range of employees working in various roles across MPS's Victorian operations. The dispute primarily revolved around whether the proposed agreement adequately met the requirements of the Fair Work Act 2009 and if it appropriately balanced the interests of both the employees and the employer.

The legal issues before the Commission included the interpretation and application of various sections of the Fair Work Act, particularly those concerning the content, negotiation, and approval of enterprise agreements. The Commission had to determine whether the agreement complied with the Act's provisions, including those relating to minimum entitlements, procedural fairness in the negotiation process, and the overall fairness of the agreement's terms.

In its decision, the Commission thoroughly examined the negotiation process and the contents of the agreement. It found that the agreement was the product of genuine negotiations and that it met the statutory requirements for approval. The Commission considered the fairness of the agreement's terms and concluded that it provided a fair and reasonable outcome for both the employer and the employees. The Commission noted that the agreement included provisions for minimum wages, conditions, and dispute resolution mechanisms that were in line with the statutory standards. After careful consideration of the evidence and arguments presented, the Commission approved the MPS Victorian Production Employees Agreement, finding it to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established