MSA (Aust.) Pty. Limited

[2013] FWCA 2652

FAIR WORK COMMISSION

DECISION

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

MSA (Aust.) Pty. Limited
(AG2013/934)

UNITED VOICE NSW & MSA (AUST.) PTY. LIMITED COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 2 MAY 2013

Application for approval of the United Voice NSW & MSA (Aust.) Pty. Limited Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the United Voice NSW & MSA (Aust.) Pty. Limited Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MSA (Aust) Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Voice - New South Wales Branch, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 May 2013. The nominal expiry date is 3 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSA (Aust.) Pty. Limited sought approval of a collective agreement with United Voice NSW. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards and was in the best interests of the employees covered by the agreement.

The key legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically sections 172 and 184, and whether it provided for fair and reasonable terms for the employees. The Commission also needed to consider whether the agreement facilitated productive workplace relations and whether it was free from any coercion, undue influence, or any other unfair practices.

In its decision, the Fair Work Commission considered the submissions from both parties and the relevant provisions of the Fair Work Act. The Commission found that the agreement was in compliance with the Act and that it provided for fair and reasonable terms for the employees. The Commission was satisfied that the agreement facilitated productive workplace relations and was free from any coercion, undue influence, or other unfair practices. The Commission approved the collective agreement, noting that it was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the United Voice NSW & MSA (Aust.) Pty. Limited Collective Agreement 2013, finding that it complied with the Fair Work Act and provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement facilitated productive workplace relations and was free from any coercion, undue influence, or other unfair practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established