DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mac Manage Pty Ltd
(AG2016/6711)

MAC MANAGE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Mac Manage Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mac Manage Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mac Manage Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mac Manage Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement it had negotiated with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The enterprise agreement sought to establish a new wage structure and various other employment terms and conditions. The CFMEU supported the agreement, but another party, the Australian Workers' Union, opposed it, citing concerns about the impact on employee conditions and potential breaches of relevant labour laws.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and whether it was genuinely bargained. The Commission also needed to determine if the agreement complied with the 'better off overall test', ensuring employees were not worse off financially under the new agreement. Additionally, the Commission considered whether the agreement unfairly disadvantaged any particular group of employees.

In examining these issues, the Fair Work Commission assessed the agreement's provisions against statutory criteria, focusing on whether the agreement promoted harmonious, productive, and cooperative workplace relationships. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions and was genuinely negotiated. It concluded that employees would be better off overall financially under the new agreement. The Commission also determined that the agreement did not unfairly disadvantage any particular group of employees. Based on these findings, the Commission approved the enterprise agreement, noting the balance achieved between the needs of the employer and the rights of the employees.

Mac Manage Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established