DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multidiscipline Solutions Pty Ltd
(AG2016/2615)

MULTIDISCIPLINE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 MAY 2016

Application for approval of the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Multidiscipline Solutions Pty Ltd Enterprise 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 Multidiscipline Solutions Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 5 May 2016 and, in accordance with s.54, will operate from 12 May 2016. The nominal expiry date of the Agreement is 5 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application for the approval of the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The applicant, Multidiscipline Solutions Pty Ltd, sought approval for the enterprise agreement, which was intended to govern the employment conditions of its workers.

The legal issues at hand centred on whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "simplicity, clarity, and accessibility," and whether it contained "no term that is less favourable than the applicable Award or the applicable minimum standards of the National Employment Standards." The application for approval also required the Commission to consider if the agreement had been genuinely negotiated and if the necessary procedural steps had been followed.

In its decision, the Commission examined the provisions of the agreement and the evidence provided by the parties. The Commission found that the agreement was largely compliant with the statutory requirements. However, there were certain terms that required clarification and minor adjustments to ensure they met the necessary standards. The Commission approved the agreement with modifications, ensuring it met the requirements of simplicity, clarity, and accessibility, and did not include terms less favourable than the applicable minimum standards.

The Fair Work Commission approved the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2016 with certain modifications to ensure compliance with the Fair Work Act 2009. The modifications were primarily aimed at enhancing the clarity and accessibility of the agreement. The Commission's decision ensures that the agreement now meets all necessary legal standards and can be implemented to govern the employment conditions of the workers.

Multidiscipline Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established