MPS Hold Co. Pty Ltd T/A MPS

Case

[2018] FWCA 7542

12 DECEMBER 2018


[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE501046  PR703084>

Annexure A

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