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

Annexure A

CaseChat Overview and Summary

MAAS Administration Pty Ltd, trading as MAAS Administration, filed an application seeking approval of the MA Enterprise Agreement 2019. The dispute arose as the agreement had not been ratified by the Fair Work Commission, leading to ongoing uncertainty regarding its implementation. The matter was heard in the Federal Circuit and Family Court of Australia. The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly if it provided for the fair and reasonable terms and conditions of employment for the relevant employees.

The court examined the agreement's provisions, focusing on whether it complied with the procedural and substantive requirements for enterprise agreements. The court also considered whether the agreement was made in good faith and whether it contained the necessary elements such as minimum rates of pay, classification, and other terms and conditions. Additionally, the court looked at the process by which the agreement was made, ensuring it adhered to the mandatory negotiation provisions under the Act. The court concluded that the MA Enterprise Agreement 2019 was fair and reasonable, and it was approved accordingly. This decision provided clarity and certainty for the parties involved, allowing for the implementation of the agreed terms.

MAAS Administration Pty Ltd t/a MAAS Administration

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established