Concrush Pty Limited; Conaghan Plant Hire Pty Ltd

[2013] FWCA 2045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Concrush Pty Limited; Conaghan Plant Hire Pty Ltd
(AG2013/692)

CONAGHAN GROUP MULTI-ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 APRIL 2013

Application for approval of the Conaghan Group Multi-Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the Conaghan Group Multi-Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Master Builders Association of NSW (“the applicant”). The Agreement is a multiple-enterprise agreement. The employer parties are Concrush Pty Ltd and Conaghan Plant Hire Pty Ltd.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 15 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concrush Pty Limited and Conaghan Plant Hire Pty Ltd were involved in a dispute regarding the application for approval of the Conaghan Group Multi-Enterprise Agreement 2013-2016. The matter was brought before the Fair Work Commission of Australia. This case concerned the procedural fairness of the application process and whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue addressed by the court was whether the application for approval of the multi-enterprise agreement was procedurally fair and whether the agreement itself was in compliance with the Fair Work Act 2009. Specifically, the court had to determine if the applicants provided adequate information and if the agreement contained all the necessary components as stipulated by the Act.

The court concluded that the application process was procedurally fair, as the applicants had provided all necessary information in a timely manner. Additionally, the agreement was found to be compliant with the requirements of the Fair Work Act 2009, containing all the mandatory provisions. Consequently, the court approved the Conaghan Group Multi-Enterprise Agreement 2013-2016.

The final orders included the approval of the Conaghan Group Multi-Enterprise Agreement 2013-2016, recognising it as a registered agreement under the Fair Work Act 2009. The agreement was set to take effect from the date of the decision, binding the parties involved and establishing the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established