Multidiscipline Solutions Pty Ltd

Case [2016] FWCA 2342


[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

Details
AGLC
Multidiscipline Solutions Pty Ltd [2016] FWCA 2342
Case
[2016] FWCA 2342
Decision Date

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement known as the Multidiscipline Solutions Pty Ltd Operations Enterprise Agreement 2016. The application was made by Multidiscipline Solutions Pty Ltd under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement covering the building, metal, and civil construction industries.

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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