DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiworks Pty Ltd
(AG2016/7510)

MULTIWORKS ENTERPRISE AGREEMENT 2015-2019

Security services
COMMISSIONER GREGORY	MELBOURNE, 1 MARCH 2017

Application for approval of the Multiworks Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Multiworks Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multiworks 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2017. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the recent case of Multiworks Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Multiworks Enterprise Agreement 2015-2019. The applicant, Multiworks Pty Ltd, sought the approval of the agreement that outlines the terms and conditions of employment for its employees. The application arose amidst the complexities of industrial relations, where the terms of employment are crucial in maintaining a harmonious workplace.

The primary legal issue before the court was whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement did not unfairly disadvantage employees and that it complied with the provisions of the Act. Additionally, the court had to consider whether the agreement had been genuinely negotiated and whether it met the standards set for enterprise agreements, including the 'better off overall test' (BOOT).

In its decision, the Fair Work Commission meticulously reviewed the terms of the agreement and found that it adhered to the statutory requirements. The Commission was satisfied that the agreement had been genuinely negotiated and that it did not disadvantage employees. Furthermore, it was determined that the agreement met the BOOT, as it provided a fair balance of rights and obligations for both the employer and the employees. The Commission concluded that the agreement was in the best interest of the employees and approved the application for the agreement’s registration.

The Fair Work Commission ordered that the Multiworks Enterprise Agreement 2015-2019 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will serve as the governing document for the terms and conditions of employment for the employees of Multiworks Pty Ltd for the specified period.

Multiworks 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