Macarthur Group Training Limited T/A MG My Gateway

[2021] FWCA 6822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macarthur Group Training Limited T/A MG My Gateway
(AG2021/8346)

MACARTHUR GROUP TRAINING LIMITED T-AS MG MY GATEWAY / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 NOVEMBER 2021

Application for approval of the MACARTHUR GROUP TRAINING LIMITED t-as MG MY GATEWAY / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the MACARTHUR GROUP TRAINING LIMITED t-as MG MY GATEWAY / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Macarthur Group Training Limited T/A MG My Gateway. 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Macarthur Group Training Limited, trading as MG My Gateway, for the approval of the Collective Agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The application was heard before the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the application raised questions about the fairness of the agreement's terms and whether it adhered to the legal standards set for such agreements.

The key legal issues before the court involved determining whether the terms of the proposed agreement were fair and met the requirements for approval under the Fair Work Act. The court had to assess whether the agreement included appropriate provisions for the protection of employees' rights and whether it provided for fair treatment, including reasonable terms and conditions of employment. Additionally, the court needed to consider whether the agreement was negotiated in good faith and whether it provided for fair and effective dispute resolution mechanisms.

The court found that the agreement was fair and met the requirements for approval. It concluded that the agreement included provisions that protected employees' rights and provided for fair terms and conditions of employment. The court was satisfied that the agreement had been negotiated in good faith and included provisions for effective dispute resolution. Therefore, the application for approval was successful. The court's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by the parties.

The Fair Work Commission approved the MACARTHUR GROUP TRAINING LIMITED t-as MG MY GATEWAY / CFMEU Collective Agreement 2019-2023. The approval was effective from the date of the decision and was to remain in force until the end of the agreement period, which was 2023. The decision provided certainty for both the employer and the employees regarding the terms of the agreement and allowed for the continuation of the employment relationship under the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established