DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MA Services Group Pty Ltd T/A MA Services Group
(AG2020/2389)

MA SERVICES GROUP EMERGENCY SERVICES OFFICER INFRABUILD STEEL NEWCASTLE SITE PROJECT ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 NOVEMBER 2020

Application for approval of the MA Services Group Emergency Services Officer Infrabuild Steel Newcastle Site Project Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MA Services Group Emergency Services Officer Infrabuild Steel Newcastle Site Project Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 8 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MA Services Group Pty Ltd, trading as MA Services Group, applied to the Fair Work Commission for approval of the MA Services Group Emergency Services Officer Infrabuild Steel Newcastle Site Project Enterprise Agreement 2020. The application was contested by the Australian Council of Trade Unions, contending that the agreement did not meet the standards for approval as required by the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided appropriate terms and conditions for the employees covered by it, whether the agreement complied with the procedural requirements of the Act, and whether the agreement was in the best interests of the employees. Additionally, the Commission had to assess whether the agreement was made in good faith and whether the appropriate processes for making the agreement were followed.

The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that the agreement complied with the procedural requirements of the Act. The Commission also found that the agreement was in the best interests of the employees, and that it was made in good faith. The Commission was satisfied that the appropriate processes for making the agreement were followed. Accordingly, the application for approval was granted.

The Fair Work Commission approved the MA Services Group Emergency Services Officer Infrabuild Steel Newcastle Site Project Enterprise Agreement 2020. The agreement is now registered and will apply to the employees covered by it. The decision is final and binding on all parties.

MA Services Group Pty Ltd T/A MA Services Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established