M&P Services (Qld) Pty Ltd

[2014] FWCA 2533

FAIR WORK COMMISSION

DECISION

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

M&P Services (Qld) Pty Ltd
(AG2014/790)

M&P SERVICES CONSTRUCTION & ENGINEERING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 APRIL 2014

Application for approval of the M&P Services Construction & Engineering Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 April 2014 by M&P Services (Qld) Pty Ltd for the approval of a single-enterprise agreement known as the M&P Services Construction & Engineering Enterprise Agreement 2014(“the 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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, M&P Services (Qld) Pty Ltd applied for the approval of the M&P Services Construction & Engineering Enterprise Agreement 2014. The application was brought by the employer, M&P Services (Qld) Pty Ltd, seeking the Fair Work Commission's approval of the agreement, which was intended to regulate the terms and conditions of employment for their employees within the construction and engineering sectors. The union representing the employees did not oppose the application, indicating that the proposed agreement was satisfactory from their perspective.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved ensuring that the agreement contained all mandatory terms prescribed by the Act, did not include prohibited content, and had been made in good faith. Additionally, the Commission had to consider whether the agreement provided for minimum rates of pay and conditions, as well as any other terms and conditions that were necessary for the protection of workers' rights.

The Fair Work Commission assessed the application by examining the provisions of the proposed agreement against the statutory requirements. The Commission determined that the agreement contained all the mandatory terms and did not include any prohibited content. It was also satisfied that the agreement was made in good faith and provided for the minimum rates of pay and conditions, as well as other necessary terms for the protection of workers' rights. Consequently, the Commission approved the application and authorised the enterprise agreement.

The Fair Work Commission approved the M&P Services Construction & Engineering Enterprise Agreement 2014, finding it to be in compliance with the statutory requirements under the Fair Work Act 2009. The Commission's decision was based on the agreement's inclusion of all mandatory terms, absence of prohibited content, and the determination that it was made in good faith. The approved agreement now governs the terms and conditions of employment for the employees within the construction and engineering sectors, as stipulated by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established