MACA Civil Pty Ltd T/A MACA Civil Summary

[2024] FWCA 2199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MACA Civil Pty Ltd T/A MACA Civil

(AG2024/1715)

APPLICATION FOR APPROVAL OF THE MACA CIVIL (PILBARA AND GASCOYNE REGIONS) ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 13 JUNE 2024

Application for approval of the MACA Civil (Pilbara and Gascoyne Regions) Enterprise Agreement 2024

MACA Civil Pty Ltd T/A MACA Civil (the Applicant) has made an application for the approval of an enterprise agreement known as the MACA Civil (Pilbara and Gascoyne Regions) Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 13 June 2024 and, in accordance with s 54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 13 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved MACA Civil Pty Ltd, trading as MACA Civil, and its employees within the Pilbara and Gascoyne Regions. The dispute centred on the application for approval of the MACA Civil (Pilbara and Gascoyne Regions) Enterprise Agreement 2024, which was proposed to replace an existing agreement. The primary contention was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the FWC needed to address included whether the agreement had been made in accordance with the provisions of the Act, specifically whether the agreement had been negotiated in good faith and whether it included the appropriate minimum entitlements as stipulated by the Act. The FWC also had to consider if the agreement provided for a proper process for resolving disputes and whether it contained provisions that were contrary to public policy.

The FWC found that the agreement had been negotiated in good faith and contained all necessary provisions for dispute resolution, including an obligation for good faith bargaining. The FWC confirmed that the agreement complied with the minimum entitlements required by the Act and did not contravene any public policy. The FWC noted that while some issues were raised by the employees, these did not detract from the overall compliance of the agreement with the statutory requirements. Consequently, the FWC approved the MACA Civil (Pilbara and Gascoyne Regions) Enterprise Agreement 2024.

The FWC's final orders included the approval of the enterprise agreement, effective from the date of the decision. This approval meant that the agreement could be implemented, and the employees within the specified regions would be bound by its terms and conditions.

MACA Civil Pty Ltd T/A MACA Civil

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established