MACA Civil Pty Ltd

[2024] FWCA 2158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MACA Civil Pty Ltd

(AG2024/1911)

MACA CIVIL WHEATBELT, MID-WEST AND ESPERANCE-GOLDFIELDS REGIONS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2024

Application for approval of the MACA Civil Wheatbelt, Mid-West and Esperance-Goldfields Regions Enterprise Agreement 2024

MACA Civil Pty Ltd has made an application for approval of an enterprise agreement known as the MACA Civil Wheatbelt, Mid-West and Esperance-Goldfields Regions Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 18 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, MACA Civil Pty Ltd, sought approval of the MACA Civil Wheatbelt, Mid-West and Esperance-Goldfields Regions Enterprise Agreement 2024 from the Fair Work Commission. The applicants argued that the agreement was made in good faith, and that the requirements of the Fair Work Act 2009 had been satisfied. The application was opposed by several unions who raised concerns about various provisions in the agreement, including the classification of certain roles and the terms and conditions of employment.

The central legal issues before the Commission were whether the agreement was made in good faith and whether it met all statutory requirements for approval under the Fair Work Act 2009. The opposition focused on the classification of employees, the process by which the agreement was formed, and specific terms within the agreement that they argued were unfair. The Commission had to consider the evidence and submissions presented by both parties to determine if the agreement complied with the legal standards for approval.

In assessing the application, the Fair Work Commission examined the process of agreement formation and the content of the agreement itself. The Commission noted that the agreement was the result of genuine negotiations between the parties and that it contained terms that were fair and reasonable. The Commission found that the classification issues raised by the unions did not undermine the overall fairness of the agreement. It was concluded that the agreement was made in good faith and met all statutory requirements for approval. Accordingly, the Commission approved the MACA Civil Wheatbelt, Mid-West and Esperance-Goldfields Regions Enterprise Agreement 2024.

The Fair Work Commission approved the MACA Civil Wheatbelt, Mid-West and Esperance-Goldfields Regions Enterprise Agreement 2024, finding that it was made in good faith and met all statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established