MACA Limited Pty Ltd T/A MACA Civil Pty Ltd

[2014] FWCA 3198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MACA Limited Pty Ltd T/A MACA Civil Pty Ltd
(AG2014/744)

MACA CIVIL PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MAY 2014

Application for approval of the MACA Civil Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MACA Civil Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding the Superannuation and the Hours of Work clauses in the Agreement. Undertakings have been provided by the employer and copies are attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertakings.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of MACA Limited Pty Ltd trading as MACA Civil Pty Ltd was heard. The dispute involved the application for approval of the MACA Civil Pty Ltd Enterprise Agreement 2013. The applicant, MACA, sought to have the agreement approved, which would regulate the terms and conditions of employment for its employees. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been made in accordance with the provisions of the Fair Work Act and whether it satisfied the ‘better off overall test’. The Commission had to consider if the agreement had been made without coercion, contained the minimum entitlements prescribed by the Act, and if it offered employees terms and conditions that were at least as good as those provided by the relevant industrial instrument or award. Additionally, the Commission needed to assess whether the agreement had been fairly negotiated and if it met the requirements of the ‘enterprise agreement’ definition.

The Commission found that the agreement had been made without coercion and contained all the prescribed minimum entitlements. It was determined that the agreement offered employees terms and conditions that were at least as good as those provided by the relevant industrial instrument or award. The Commission also concluded that the agreement had been fairly negotiated. Consequently, the application for approval of the MACA Civil Pty Ltd Enterprise Agreement 2013 was approved.

The Fair Work Commission approved the MACA Civil Pty Ltd Enterprise Agreement 2013, finding that it met all the necessary 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