Maca Civil Pty Ltd
[2024] FWCA 4147
•27 NOVEMBER 2024
| [2024] FWCA 4147 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Maca Civil Pty Ltd
(AG2024/4211)
MACA CIVIL (PILBARA AND GASCOYNE REGIONS - ROADS & BRIDGES) ENTERPRISE AGREEMENT 2024
| Mining industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 27 NOVEMBER 2024 |
Application for approval of the MACA Civil (Pilbara and Gascoyne Regions - Roads & Bridges) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the MACA Civil (Pilbara and Gascoyne Regions - Roads & Bridges) 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 MACA Civil Pty Ltd (the Applicant). 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 19 September 2024 and the Agreement was made on 11 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
A potential BOOT concern was identified with respect to the shift penalties payable under the general building and construction stream of the Building and Construction General On-site Award 2020. However, the applicant advises that the employees covered by the Agreement operate within the civil construction stream of the Award. As such, I am satisfied that the BOOT concern does not arise in practice.
The Applicant has provided written undertakings (see 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.
Assessment of the material submitted with the application revealed two issues with the NERR. However, I regard these issues as minor errors and have resolved to disregard them using the power conferred by s.188(5) of the Act.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 4 December 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A:
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