MSA (Aust) Pty Limited

[2016] FWCA 2858

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MSA (Aust.) Pty. Limited

(AG2016/745)

UNITED VOICE NSW & MSA (AUST.) PTY. LIMITED COLLECTIVE

AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 9 MAY 2016

Application for approval of the UNITED VOICE NSW & MSA (Aust.) Pty. Limited Collective

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

UNITED VOICE NSW & MSA (Aust.) Pty. Limited Collective Agreement 2016 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by MSA (Aust.) Pty. Limited. The Agreement is a single enterprise

agreement.

[2] The Applicant 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.

[3] 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.

[4] United Voice 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.
[2016] FWCA 2858

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

16 May 2016. The nominal expiry date of the Agreement is 3 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2858

ANNEXURE A

CaseChat Overview and Summary

MSA (Aust) Pty Limited applied to the Fair Work Commission for approval of a collective agreement between the company and United Voice NSW. The application was made under section 185 of the Fair Work Act 2009. The applicant provided written undertakings, which were reviewed by the Commissioner, who determined that they would not cause financial detriment to any employees covered by the agreement and would not result in substantial changes to the agreement. The Commissioner found that the agreement met all relevant requirements of sections 186, 187, 188 and 190 of the Act. United Voice NSW, as a bargaining representative for the agreement, had also given notice under section 183 of the Act that it wanted the agreement to cover it.

The Commissioner approved the agreement, which will operate from 16 May 2016, with a nominal expiry date of 3 March 2020. The Commissioner noted that the agreement covered United Voice NSW in accordance with section 201(2) of the Act. The Commissioner was satisfied that the agreement met all relevant requirements of the Act and that the written undertakings provided by the applicant would not cause financial detriment to any employees covered by the agreement and would not result in substantial changes to the agreement. The Commissioner approved the agreement, subject to the written undertakings provided by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established