DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Squared Australia Pty Ltd
(AG2021/6245)

M SQUARED AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 17 AUGUST 2021

Application for approval of the M Squared Australia Pty Ltd Enterprise Agreement 2021 - 2025.

[1] M Squared Australia Pty Ltd (the Employer) has made an application for the approval of the M Squared Australia Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made under 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 which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

M Squared Australia Pty Ltd sought approval for an enterprise agreement covering the years 2021 to 2025. The application was brought before the Fair Work Commission, with the employer, M Squared Australia, and the employees represented by the relevant unions. The primary dispute centred around the terms and conditions outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The court was tasked with examining whether the agreement complied with the Fair Work Act 2009. Specifically, it needed to ensure the agreement did not disadvantage employees and that it was made in good faith. The court also had to consider if the agreement adequately reflected the needs and interests of both parties and if it met the criteria for being a "better off overall test" for the employees.

The Fair Work Commission found that the proposed agreement met all the necessary requirements. It was concluded that the agreement did not disadvantage employees, was made in good faith, and met the better off overall test. The commission was satisfied that the agreement reflected a fair balance of interests between the employer and the employees, leading to the approval of the enterprise agreement. The decision was made in accordance with the legislative framework and the principles of industrial relations law.

M Squared Australia 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