DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M.S.D. Constructions Pty Ltd
(AG2019/5187)

MSD CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the MSD Constructions Enterprise Agreement 2019

[1] M.S.D. Constructions Pty Ltd has made an application for approval of an enterprise agreement known as the MSD Constructions Enterprise Agreement 2019 pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 February 2020 and, in accordance with s 54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 21 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MSD Constructions Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union, sought approval of an enterprise agreement. The application was made to the Fair Work Commission (FWC) in accordance with the Fair Work Act 2009. The agreement aimed to regulate the terms and conditions of employment for employees within the construction industry. The primary dispute centred on the fairness of the proposed agreement, specifically regarding the implications for employees' wages, conditions, and dispute resolution mechanisms.

The legal issues before the FWC involved determining whether the agreement met the 'better off overall test' and whether it complied with the relevant legislative requirements. This included assessing whether the agreement provided for fair and reasonable terms, and whether it was free from any discriminatory or unfair provisions. The FWC also needed to ensure that the agreement did not undermine the protection of employees' rights and did not adversely affect their health and safety.

In reaching its decision, the FWC considered submissions from both parties and the broader implications for the industry. The Commission concluded that the proposed agreement was fair and reasonable, meeting the 'better off overall test'. It determined that the agreement provided for equitable wages, conditions, and dispute resolution mechanisms. The FWC found that the agreement did not contain any discriminatory or unfair provisions and did not undermine employees' rights or health and safety. Consequently, the FWC approved the MSD Constructions Enterprise Agreement 2019.

The final orders of the FWC included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for employees within the construction industry, as specified in the agreement. The agreement was to be registered with the Fair Work Ombudsman and would be in effect from the date of approval.

M.S.D. Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established