DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MACA Civil Pty Ltd T/A MACA Civil
(AG2019/4802)

MACA MINOR ROAD MAINTENANCE DIVISIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 24 MARCH 2020

Application for approval of the MACA Minor Road Maintenance Divisions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MACA Minor Road Maintenance Divisions Enterprise Agreement 2019 (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 T/A MACA Civil. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2020. The nominal expiry date of the Agreement is 23 March 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MACA Civil Pty Ltd, trading as MACA Civil, applied for approval of the MACA Minor Road Maintenance Divisions Enterprise Agreement 2019. The applicants sought to have the agreement approved as a modern award, which would allow it to apply to employees covered by the agreement. The dispute involved whether the agreement met the criteria for approval as a modern award, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that were at least equal to the relevant provisions of the applicable modern award, and whether it included provisions that were necessary to ensure a fair and efficient workplace. The Commission also considered whether the agreement contained any provisions that were contrary to public policy or which could undermine the operation of the modern award. The Commission examined the agreement in detail, considering the submissions of both the applicant and the respondents, and evaluated whether it met the necessary criteria for approval.

After considering the evidence and submissions, the Commission found that the MACA Minor Road Maintenance Divisions Enterprise Agreement 2019 met the necessary criteria for approval as a modern award. The Commission approved the agreement, which will now apply to employees covered by it. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and included necessary provisions to ensure a fair and efficient workplace. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or which could undermine the operation of the modern award.

The Commission's final orders included the approval of the MACA Minor Road Maintenance Divisions Enterprise Agreement 2019 as a modern award. The agreement will now apply to employees covered by it, and will provide for minimum rates of pay and conditions that are at least equal to the relevant provisions of the applicable modern award. The Commission's decision provides clarity for both employers and employees in the minor road maintenance industry, and ensures that the agreement meets the necessary criteria for approval as a modern award.

MACA Civil Pty Ltd T/A MACA Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established