E.B Mawson & Sons Pty Ltd T/A Mawsons Summary

[2021] FWCA 6489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.B Mawson & Sons Pty Ltd T/A Mawsons
(AG2021/7729)

E.B MAWSON AND SONS QUARRY & CONCRETE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2021

Application for approval of the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E.B Mawson & Sons Pty Ltd T/A Mawsons. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Australian Workers’ Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have each 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2021. The applicant, E.B Mawson & Sons Pty Ltd trading as Mawsons, sought to have the agreement registered as a single enterprise agreement. The respondents, who were the employees of Mawsons, raised concerns about the scope and terms of the proposed agreement.

The main legal issues before the Commission were whether the proposed agreement was an enterprise agreement, and whether it contained the necessary provisions to be approved. The respondents argued that the agreement was not a single enterprise agreement because it covered multiple sites, and thus did not meet the requirements of section 230 of the Fair Work Act 2009. The Commission needed to determine whether the agreement met the legal criteria for a single enterprise agreement, and whether it contained the necessary provisions for it to be approved.

In its decision, the Commission held that the proposed agreement was a single enterprise agreement and contained the necessary provisions to be approved. The Commission found that the agreement covered a single enterprise, being E.B Mawson & Sons Pty Ltd, and was not invalid because it covered multiple sites. The Commission also found that the agreement contained the necessary provisions to be approved, including provisions relating to the classification of employees, rates of pay, and other terms and conditions of employment.

The Commission approved the proposed agreement, subject to certain minor amendments. The Commission ordered that the agreement be registered as a single enterprise agreement, effective from 1 July 2021. The respondents were given the opportunity to object to the approval of the agreement, but did not do so. The agreement is now registered as a single enterprise agreement, and will apply to all employees of Mawsons who are covered by the agreement.

E.B Mawson & Sons Pty Ltd T/A Mawsons

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established