MOFFAT PTY LTD ENTERPRISE AGREEMENT- QLD SERVICE 2025-2028

[1] This decision concerns an application for approval of the Moffat Pty Ltd Enterprise Agreement - QLD Service 2025 - 2028 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Moffat Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant and the other bargaining representatives. The concern related to clause 10.5(b) of the Agreement, which enables the employer to deduct monies on termination of employment in circumstances where the employee has not provided the prescribed period of notice. The concern being that clause may be inconsistent with the National Employment Standards. The Applicant proposed an undertaking to address this concern. The Commission sought the views of the other bargaining representatives. The other bargaining representatives did not express a view. I accept the undertaking. In doing so, I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[4] Section 205A(1) of the FW Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. I expressed a preliminary view to the Applicant and the other bargaining representatives that the Agreement did not appear to contain a delegates' rights term and that the delegates' right term in the relevant modern award, as varied by the Full Bench on 23 January 2026 in [2026] FWCFB 5, should be taken to be a term of the Agreement because of section 205A(2) of the FW Act. The Applicant proposed to address this issue by way of an undertaking. The undertaking is identical to clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, which concerns workplace delegates' rights. The other bargaining representative did not express a view. I confirm my preliminary view and in accordance with section 205A(2) of the FW Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, which concerns workplace delegates' rights, is taken to be a term of the Agreement. I note that the undertaking also deals with this issue.

[5] Based on the material provided, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. I note in accordance with section 201(1A) that clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, which concerns workplace delegates' rights, is taken to be a term of the Agreement because of section 205A(2). The second such matter relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 5 February 2026. The nominal expiry date of the Agreement is 31 March 2028.

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