DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MACA Limited Pty Ltd T/A MACA Civil Pty Ltd
(AG2019/2017)

MACA CIVIL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 7 AUGUST 2019

Application for approval of the MACA Civil Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MACA Civil 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 Limited Pty Ltd T/A MACA Civil Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2019. The nominal expiry date of the Agreement is 6 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves MACA Limited Pty Ltd, trading as MACA Civil Pty Ltd, and the Australian Building and Construction Commission. The dispute pertains to the approval of the MACA Civil Enterprise Agreement 2019. The case was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The key issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandated minimum terms and conditions, was fair and reasonable, and complied with the procedural requirements set out in the legislation.

The Commission assessed the agreement against the statutory criteria. It examined whether the agreement covered all the required minimum terms and conditions, including those related to wages, hours of work, leave, and other employment-related matters. The Commission also evaluated if the agreement was fair and reasonable in the context of the overall bargaining process and the parties' bargaining positions. Furthermore, the procedural fairness of the negotiation process and the agreement's compliance with the relevant sections of the Fair Work Act were considered.

After reviewing the evidence and submissions, the Fair Work Commission found that the MACA Civil Enterprise Agreement 2019 satisfied all the criteria for approval. The Commission determined that the agreement included all the necessary minimum terms and conditions, was fair and reasonable, and had been negotiated and entered into in compliance with the procedural requirements. Consequently, the Commission approved the enterprise agreement.

MACA Limited Pty Ltd T/A MACA Civil Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established