Multitek Solutions Pty Ltd T/A Multitek Solutions Summary

[2023] FWCA 1050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Multitek Solutions Pty Ltd T/A Multitek Solutions

(AG2023/664)

MULTITEK SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2023-2026

Business equipment industry
COMMISSIONER SIMPSON	BRISBANE, 13 APRIL 2023

Application for approval of the MultiTek Solutions Pty Ltd Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the MultiTek Solutions Pty Ltd Enterprise Agreement 2023-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multitek Solutions Pty Ltd T/A Multitek Solutions (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Multitek Solutions Pty Ltd T/A Multitek Solutions, along with the Communication, Electrical, Electronic, Metal and Plumbing Union of Australia (the Union), applied for the approval of the MultiTek Solutions Pty Ltd Enterprise Agreement 2023-2026. The matter was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while no objections were raised by any other party.

The legal issues before the Commission were whether the proposed enterprise agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission needed to examine the provisions of the agreement to determine if they met the standards of procedural and substantive fairness. The Union presented evidence to support the fairness of the agreement, and the employer did not object to the application.

The Fair Work Commission found that the MultiTek Solutions Pty Ltd Enterprise Agreement 2023-2026 was fair and reasonable. The Commission noted that the agreement provided for terms and conditions that were no less favourable than the applicable awards, and that it complied with the procedural requirements. The Union's evidence was considered, and the employer's lack of objection was taken into account. The Commission concluded that the agreement was in the best interests of the employees and did not undermine the protection afforded by the safety net of minimum standards.

The Fair Work Commission approved the MultiTek Solutions Pty Ltd Enterprise Agreement 2023-2026, effective from 1 July 2023, for a period of three years until 30 June 2026. The Commission's decision was based on the evidence presented and the absence of any objections to the application. The agreement was deemed to be fair and reasonable, and in compliance with the Fair Work Act.

Multitek Solutions Pty Ltd T/A Multitek Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established