MAAS Administration Pty Ltd t/a MAAS Administration

[2020] FWCA 1052

[2020] FWCA 1052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MAAS Administration Pty Ltd t/a MAAS Administration
(AG2019/5045)

MA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 FEBRUARY 2020

Application for approval of the MA Enterprise Agreement 2019.

[1] MAAS Administration has applied for approval of a single enterprise agreement known as the MA Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Agreement was approved on 26 February 2020 and, notwithstanding clause 4.1 and in accordance with s.54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 26 February 2024.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A