MPS Hold Co. Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MPS Hold Co. Pty Ltd recently came before the Fair Work Commission in an application seeking approval of the MPS Victorian Production Enterprise Agreement 2021. The applicant, MPS Hold Co. Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which requires that certain criteria be met for an enterprise agreement to be considered fair and appropriate. The dispute involved the terms and conditions of employment for employees covered by the agreement.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for fairness and appropriateness. This involved examining whether the agreement provided for a safety net of minimum wages and conditions, ensured procedural fairness in its creation, and provided for genuine bargaining. The Commission had to determine whether the agreement was genuinely negotiated between the parties, whether it provided for a safety net of minimum wages and conditions, and whether it met the procedural fairness requirements.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements for fairness and appropriateness. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, provided for a safety net of minimum wages and conditions, and met the procedural fairness requirements. The Commission approved the agreement, and it will now apply to employees covered by it. The decision provides clarity for employers and employees alike on the requirements for an enterprise agreement to be approved by the Fair Work Commission.

MPS Hold Co. Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established