Maas Administration Pty Ltd Summary

[2024] FWCA 4355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maas Administration Pty Ltd

(AG2024/4126)

CCH ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 DECEMBER 2024

Application for approval of the CCH Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the CCH Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maas Administration Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 August 2024 and the Agreement was made on 4 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 5 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Maas Administration Pty Ltd, an employer, and its employees, represented by a union. The union sought approval of an Enterprise Agreement, which governs the terms and conditions of employment for the employees. The dispute was brought before the Fair Work Commission, the body responsible for overseeing and approving such agreements. The union argued that the proposed agreement was fair and balanced, while the employer contended that certain provisions were unreasonable and should not be approved.

The central legal issues the court had to address were whether the provisions of the proposed Enterprise Agreement were fair and reasonable, and if they complied with the criteria set out in the Fair Work Act 2009. The court needed to consider whether the agreement provided for appropriate minimum terms, and whether it contained any unreasonable provisions that would not be in the best interests of the employees or the employer. The court also had to assess if the agreement was negotiated in good faith and if it was supported by the majority of the employees.

The Fair Work Commission found that the majority of the provisions in the proposed agreement were fair and reasonable. It held that the agreement provided for appropriate minimum terms and that no unreasonable provisions were present. The Commission determined that the agreement was negotiated in good faith and was supported by the majority of the employees. Consequently, the court approved the Enterprise Agreement, finding that it met the necessary criteria and was in the best interests of both the employees and the employer.

The Fair Work Commission approved the CCH Enterprise Agreement 2024, subject to any modifications required by the court. The court directed that the agreement be registered and come into effect on the date specified in the agreement. The decision was binding on both the employer and the employees, and it governed the terms and conditions of employment for the duration of the agreement.

Maas Administration Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established