Multidiscipline Solutions Pty Ltd Summary

[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

ANNEXURE A

CaseChat Overview and Summary

In this matter, Multidiscipline Solutions Pty Ltd applied to the Fair Work Commission for the approval of the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2023. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application arose from negotiations between the employer and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements, including provisions on minimum wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement provided for the preservation of existing rights, whether it contained provisions for minimum wages and conditions that complied with the Fair Work Act, and whether it included appropriate mechanisms for resolving disputes. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it was appropriately certified by the Australian Bureau of Statistics as meeting the genuine enterprise bargaining threshold.

The Commission found that the agreement preserved existing rights, met the minimum wage and conditions requirements, and included adequate dispute resolution mechanisms. The agreement was certified by the Australian Bureau of Statistics, indicating it met the genuine enterprise bargaining threshold. The Commission concluded that the agreement was made in good faith and complied with all statutory requirements. Consequently, the Commission approved the agreement, and it was registered under the Fair Work Act.

The Fair Work Commission approved the Multidiscipline Solutions Pty Ltd Enterprise Agreement 2023 and ordered its registration under the Fair Work Act 2009. This decision ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the employees within the scope of the agreement.

Multidiscipline Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established