Multidiscipline Solutions Pty Ltd
[2024] FWCA 557
•8 FEBRUARY 2024
| [2024] FWCA 557 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Multidiscipline Solutions Pty Ltd
(AG2023/5478)
MULTIDISCIPLINE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 8 FEBRUARY 2024 |
Application for approval of the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2023
Multidiscipline Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The employer 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. The undertakings are taken to be a term of the Agreement.
The undertaking at item one has the effect of incorporating a National Employment Standards (NES) precedence clause to the Agreement.
Clause 18 of the Agreement provides for compassionate leave but does not extend the entitlement to circumstances involving miscarriage or stillbirth and may be inconsistent with s.104 of the Act. Clause 24.8 of the Agreement provides that an unauthorised absence of three consecutive days is a deemed abandonment of employment and does not otherwise provide for notice of termination, as otherwise is in accordance with s.117(3) of the Act. Clause 24.9(b) provides for the withholding of monies owed to an employer by an employee at the termination of their employment by reference to “any sums”, the effect of which permits the employer to withhold monies owing to the employee under the NES and may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act. I note that, in accordance with the undertaking at item one of Annexure A, these clauses and the Agreement will be read and interpreted in conjunction with the NES, and that the NES will apply in circumstances where the NES provides a greater benefit to an employee than that which is provided for by 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 is approved and, in accordance with s.54 of the Act, will operate from 15 February 2024. The nominal expiry date of the Agreement is 8 February 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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