MWAV Pty Ltd T/A Man With a Van Summary

[2022] FWCA 4371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MWAV Pty Ltd T/A Man With a Van

(AG2022/5053)

MWAV Pty Ltd, Melbourne VIC, Enterprise Agreement 2022-2025

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 12 DECEMBER 2022

Application for approval of the MWAV Pty Ltd, Melbourne VIC, Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the MWAV Pty Ltd, Melbourne VIC, Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MWAV Pty Ltd T/A Man With a Van. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from MWAV Pty Ltd, trading as Man With a Van, for approval of their enterprise agreement for the period 2022-2025. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application involved examining the agreement's compliance with the Act, including provisions on wages, conditions, dispute resolution, and other matters.

The Commission considered whether the agreement met the requirements for registration, including ensuring it provided for fair and reasonable terms and conditions, did not discriminate against employees, and provided an appropriate mechanism for dispute resolution. The Commission also had to consider whether the agreement had been made in good faith and whether the necessary procedural fairness had been afforded to the parties involved.

The Commission found that the agreement complied with the statutory requirements for registration. The agreement provided for fair and reasonable terms and conditions, did not discriminate against employees, and included an appropriate mechanism for dispute resolution. The Commission was satisfied that the agreement had been made in good faith and that procedural fairness had been observed in its development.

The Commission approved the enterprise agreement and registered it under the Fair Work Act 2009. The agreement is now legally binding on all parties involved and will govern the terms and conditions of employment for the specified period.

MWAV Pty Ltd T/A Man With a Van

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established