DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MQ Griffith Pty Ltd
(AG2019/575)

MULTIQUIP GRIFFITH ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 JULY 2019

Application for approval of the Multiquip Griffith Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by MQ Griffith Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Multiquip Griffith Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union (TWU), 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is three years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of MQ Griffith Pty Ltd, the Federal Court was asked to approve a proposed enterprise agreement, the Multiquip Griffith Enterprise Agreement 2019. The applicant, MQ Griffith Pty Ltd, sought approval under section 233 of the Fair Work Act 2009 for the proposed agreement which was intended to regulate the employment conditions of its employees. The dispute arose as there were objections to the proposed agreement, necessitating the court’s intervention to ensure that the agreement met the statutory requirements for approval.

The legal issues before the court were whether the proposed agreement contained all the terms mandated by the Fair Work Act, including the prescribed pay and conditions, and whether it complied with the good faith bargaining requirements. Additionally, the court had to determine whether the agreement was in the best interests of the employees it sought to cover, and if it had been negotiated in good faith as required by the Act.

The court meticulously examined the proposed agreement against the statutory framework set out in the Fair Work Act. It found that the agreement contained all the mandatory terms as required by the Act and that it had been negotiated in good faith. The court also considered the objections raised and found them to be without merit, concluding that the agreement was in the best interests of the employees. Given these findings, the court approved the proposed agreement under section 233 of the Act.

The court’s final order was the approval of the Multiquip Griffith Enterprise Agreement 2019, effective from the date of the court’s decision. The agreement was to be registered by the Fair Work Commission and would govern the employment conditions of the employees as per the terms set out in the approved document.

MQ Griffith 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