DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interquip Construction Pty Ltd T/A MACA Interquip
(AG2020/796)

MACA INTERQUIP ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 APRIL 2020

Application for approval of the MACA Interquip Enterprise Agreement 2020.

[1] Interquip Construction Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MACA Interquip Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Agreement was approved on 27 April 2020 and, in accordance with s 54, will operate from 4 May 2020. The nominal expiry date of the Agreement is 27 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Interquip Construction Pty Ltd trading as MACA Interquip, sought approval of the MACA Interquip Enterprise Agreement 2020 from the Fair Work Commission. The applicant aimed to have the agreement declared as a registered enterprise agreement under the Fair Work Act 2009, which would allow it to be enforceable against all employees covered by the agreement. The dispute arose from negotiations between the employer and the union representing the employees, leading to disagreements over various terms and conditions of employment.

The primary legal issue the court had to address was whether the agreement met the statutory requirements for registration under the Fair Work Act. This involved determining if the agreement was made in good faith, whether it was made without coercion, and if it contained the necessary minimum terms and conditions stipulated by the Act. The court also had to consider whether the agreement provided for proper mechanisms for the resolution of disputes and if it was consistent with the overarching principles of the Act, including the protection of employees' rights.

The court found that the agreement was made in good faith and without coercion, as evidenced by the negotiations and the willingness of both parties to reach a consensus. The agreement contained all the minimum terms and conditions required by the Act, and the provisions for dispute resolution were deemed adequate. The court concluded that the agreement was consistent with the principles of the Act and did not disadvantage any party. Consequently, the court approved the agreement, declaring it to be a registered enterprise agreement.

The court's final orders included the registration of the MACA Interquip Enterprise Agreement 2020 as a registered enterprise agreement under the Fair Work Act. This registration meant that the agreement was now legally binding on all employees covered by it, and it would remain in effect until a new agreement was negotiated or until it was terminated or varied under the provisions of the Act.

Interquip Construction Pty Ltd T/A MACA Interquip

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established