M & B Civil Pty Ltd

[2013] FWCA 3328

FAIR WORK COMMISSION

DECISION

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

M & B Civil Pty Ltd
(AG2013/1247)

M&B CIVIL PTY LTD AND AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 29 MAY 2013

Application for approval of the M&B Civil Pty Ltd and Australian Workers Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the M&B Civil Pty Ltd and Australian Workers Union Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M & B Civil Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 30 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved M & B Civil Pty Ltd, which sought approval for the M&B Civil Pty Ltd and Australian Workers Union Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission, where the company sought to have the agreement approved to establish terms and conditions for their employees. The Australian Workers Union represented the employees in the proceedings.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandated terms, if it adhered to the process outlined in the Act, and if it met the criteria for being a lawful and fair agreement. The company argued that the agreement was comprehensive and had been negotiated in good faith, while the union supported the company's stance.

The Commission found that the agreement was comprehensive and contained all the mandated terms as required by the Act. It was also determined that the agreement was negotiated in good faith and met the criteria for being a lawful and fair agreement. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employees and the employer, and that it complied with all the necessary requirements of the Fair Work Act 2009.

The Fair Work Commission approved the M&B Civil Pty Ltd and Australian Workers Union Enterprise Agreement 2013, thereby establishing the terms and conditions for the employees. This decision was based on the finding that the agreement met all the necessary requirements of the Fair Work Act 2009, and provided a fair and reasonable outcome for both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established