Multicap

[2013] FWCA 1465

FAIR WORK COMMISSION

DECISION

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

Multicap
(AG2013/5009)

MULTICAP ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 7 MARCH 2013

Application for approval of the Multicap Enterprise Agreement 2013 .

[1] An application has been made for approval of a single enterprise agreement known as the Multicap Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Multicap.

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

[3] The Australian Workers’ Union of Employees, Queensland, 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 14 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Multicap, sought approval of an enterprise agreement. This application was opposed by the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Act. The Commission had to consider whether the agreement was made in good faith, whether it had been properly negotiated, and whether it met the minimum standards prescribed by the Act. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees it covered.

The Commission examined the evidence and submissions provided by both parties. It found that the agreement was made in good faith and was the product of genuine negotiations. The Commission also determined that the agreement met all the minimum standards required by the Act and was in the best interests of the employees. Accordingly, the Commission approved the Multicap Enterprise Agreement 2013.

The Fair Work Commission approved the Multicap Enterprise Agreement 2013, finding it to be made in good faith, properly negotiated, and meeting all minimum standards. The agreement was deemed to be in the best interests of the employees it covered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established