MyState Limited Pty Ltd T/A MyState Summary

[2014] FWCA 5096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MyState Limited Pty Ltd T/A MyState
(AG2014/6186)

MYSTATE LIMITED ENTERPRISE AGREEMENT 2014 - 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 JULY 2014

Application for approval of the MyState Limited Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the MyState Limited Enterprise Agreement 2014 - 2017 (the Agreement). The application was made by MyState Limited Pty Ltd T/A MyState pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 12 does not comply with the requirements in section 203 of the Act. 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, and will be appended to the Agreement.

[3] The consultation provision at clause 27 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] 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.

[5] The Finance Sector 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 4 August 2014. The nominal expiry date of the Agreement is 3 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved MyState Limited Pty Ltd, trading as MyState, which sought approval of the MyState Limited Enterprise Agreement 2014-2017. The matter was heard by the Fair Work Commission, the relevant tribunal for industrial matters in Australia. The application arose from negotiations between MyState and its employees, represented by the Finance Sector Union of Australia, regarding the terms of their employment. The key dispute was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, whether it complied with procedural requirements, and whether it contained provisions that were contrary to public policy or outside the scope of permissible industrial instruments. The Commission had to consider whether the agreement's terms were consistent with the principles of good faith bargaining and whether they provided for a fair and balanced outcome for both parties. Additionally, the Commission needed to ensure that the agreement adhered to the procedural requirements set out in the Fair Work Act, including proper notification and consultation with employees.

In delivering its decision, the Fair Work Commission found that the MyState Limited Enterprise Agreement 2014-2017 met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms of employment, taking into account the need for a balanced outcome that addressed the legitimate interests of both the employer and the employees. The Commission also found that the agreement complied with all procedural requirements and did not contain any provisions that were contrary to public policy or outside the scope of permissible industrial instruments. As a result, the Commission approved the enterprise agreement, allowing it to come into effect as a legally binding contract between MyState and its employees.

The Fair Work Commission's final order was to approve the MyState Limited Enterprise Agreement 2014-2017, subject to the terms and conditions specified in the agreement. This decision provided certainty for both MyState and its employees, ensuring that the agreement would govern their employment relationship for the specified period.

MyState Limited Pty Ltd T/A MyState

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established