[2016] FWCA 2342
DECISION
| Fair Work Act 2009 | |
| s.185—Enterprise agreement | |
| Multidiscipline Solutions Pty Ltd | |
| (AG2016/2682) | |
| MULTIDISCIPLINE SOLUTIONS PTY LTD OPERATIONS | |
| ENTERPRISE AGREEMENT 2016 | |
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | SYDNEY, 13 APRIL 2016 |
Application for approval of the Multidiscipline Solutions Pty Ltd Operations Enterprise
Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the
Multidiscipline Solutions Pty Ltd Operations 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.
[2016] FWCA 2342
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
20 April 2016. The nominal expiry date of the Agreement is 12 April 2020.
COMMISSIONER
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[2016] FWCA 2342
Annexure A
- AGLC
- Multidiscipline Solutions Pty Ltd [2016] FWCA 2342
- Case
- [2016] FWCA 2342
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the application met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, as relevant to this application for approval. The applicant had provided written undertakings, which the Commissioner reviewed to ensure they would not cause financial detriment to any employee covered by the agreement and would not result in substantial changes to the agreement. The Commissioner was satisfied that the undertakings met these criteria.
Upon reviewing the application and the undertakings, the Commissioner found that all relevant requirements had been met, subject to the undertakings. Therefore, the Commissioner approved the agreement, which will operate from 20 April 2016 until 12 April 2020, in accordance with section 54 of the Act. The decision was made by Commissioner Lee in Sydney on 13 April 2016.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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