Maas Administration Pty Ltd

[2013] FWCA 3522

FAIR WORK COMMISSION

DECISION

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

Maas Administration Pty Ltd
(AG2013/1069)

MAAS ADMINISTRATION PTY LTD COLLECTIVE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 JUNE 2013

Application for approval of the MAAS Administration Pty Ltd Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the MAAS Administration Pty Ltd Collective Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by MAAS Administration Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 12 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT “A”

CaseChat Overview and Summary

The applicant, MAAS Administration Pty Ltd, sought approval for the MAAS Administration Pty Ltd Collective Agreement 2013-2017. The Fair Work Commission was tasked with reviewing and approving the agreement. The application was made in accordance with the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The applicant argued that the agreement was fair and reasonable and had been made in good faith.

The Commission considered the principles of good faith bargaining and the requirements of the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also noted that the agreement had been negotiated between the parties with relevant and sufficient information and that there was no evidence of coercion or undue influence. The Commission was satisfied that the agreement met the requirements of the Act and approved it.

The Fair Work Commission approved the MAAS Administration Pty Ltd Collective Agreement 2013-2017. The Commission found that the agreement was fair and reasonable and had been made in good faith. The applicant was granted approval for the agreement, which will now be registered with the Commission. The decision of the Commission is final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established