MACA Civil Pty Ltd Trading AS MACA Civil

[2025] FWCA 2417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MACA Civil Pty Ltd Trading AS MACA Civil

(AG2025/2237)

MACA CIVIL EVA COPPER PROJECT ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 24 JULY 2025

Application for approval of the MACA Civil Eva Copper Project Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the MACA Civil Eva Copper Project Enterprise Agreement 2025 (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 Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 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 does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, MACA Civil Pty Ltd, trading as MACA Civil, applied for approval of the MACA Civil Eva Copper Project Enterprise Agreement 2025. The dispute arose between MACA Civil, represented by their lawyer, and the Australian Workers' Union, which represented the employees. The application pertained to the negotiation and subsequent agreement on terms and conditions of employment for workers involved in the Eva Copper Project. The crux of the matter was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms, and whether it complied with the procedural requirements for enterprise agreements. The Commission considered the submissions of both parties, including the evidence of negotiation processes and the fairness of the terms. The applicant argued that the agreement was the result of genuine negotiations and met all statutory requirements. The union, on the other hand, raised concerns about certain terms and the adequacy of the negotiation process.

After examining the evidence and submissions, the Commission found that the agreement was genuinely negotiated and that the terms were fair and reasonable. The Commission was satisfied that the process followed complied with the necessary procedural requirements. Consequently, the application for approval was successful. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith and met all legal standards.

The Fair Work Commission approved the MACA Civil Eva Copper Project Enterprise Agreement 2025. The decision affirmed that the agreement was genuinely negotiated and provided fair and reasonable terms for the employees. The Commission's ruling concluded that the procedural requirements had been met, and the agreement could proceed as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established