Multidiscipline Solutions Pty Ltd

[2022] FWCA 2704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Multidiscipline Solutions Pty Ltd

(AG2022/3141)

Multidiscipline Solutions Pty Ltd Operations Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 10 AUGUST 2022

Application for approval of the Multidiscipline Solutions Pty Ltd Operations Enterprise Agreement 2022

Multidiscipline Solutions Pty Ltd has applied for approval of an enterprise agreement known as the Multidiscipline Solutions Pty Ltd Operations Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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 17 August 2022. The nominal expiry date of the Agreement is 9 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Multidiscipline Solutions Pty Ltd was the subject of an application to the Fair Work Commission to approve the Multidiscipline Solutions Pty Ltd Operations Enterprise Agreement 2022. The application was brought by the employer, Multidiscipline Solutions Pty Ltd, and the union, United Voice. The dispute concerned the terms and conditions of employment for workers in the operations sector of the company. The legal issues the court was required to decide included whether the agreement met the criteria for approval under the Fair Work Act 2009, whether the agreement provided for the proper protection of employee interests, and whether the agreement was made in good faith.

The court found that the agreement met the criteria for approval under the Fair Work Act 2009, as it provided for the proper protection of employee interests and was made in good faith. The court noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The court also found that the agreement had been negotiated in a transparent and collaborative manner, with both parties demonstrating a genuine willingness to reach an agreement that was fair and reasonable.

The court approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009. The court noted that the agreement provided for a fair and reasonable set of terms and conditions of employment for workers in the operations sector of the company, and that it had been negotiated in good faith. The court also noted that the agreement provided for a robust dispute resolution process, which would help to ensure that any issues that arose under the agreement could be resolved quickly and efficiently.

The court's final orders were that the Multidiscipline Solutions Pty Ltd Operations Enterprise Agreement 2022 be approved as a certified agreement under the Fair Work Act 2009. The agreement would now apply to all employees in the operations sector of the company, and would remain in force until it was varied or replaced by a new agreement. The court noted that the agreement represented a significant step forward in the relationship between the employer and the union, and that it would help to ensure a fair and productive workplace for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established