DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macaya Pty Limited
(AG2019/1659)

MACAYA PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 27 JUNE 2019

Application for approval of the Macaya Pty Ltd Single Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Macaya Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Macaya Pty Ltd Single Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding:

• Definition of a shiftworker;

• Annual leave and personal leave;

• Deductions;

• Abandonment of employment;

• Ordinary hours of work and apprentice rates of pay;

• Accrued time off in lieu of payment for overtime; and

• Non-engagement of trainees.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macaya Pty Limited was the applicant before the Fair Work Commission, seeking approval of the Macaya Pty Ltd Single Enterprise Agreement 2019. The respondent, the Australian Manufacturing Workers' Union, opposed the application on several grounds. The dispute centred on the provisions of the agreement that the union considered inadequate in terms of employee entitlements and conditions. The case required the Commission to balance the rights of employees, represented by the union, against the operational needs and flexibility sought by the employer.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. The union argued that the agreement failed to meet the "better off overall test" and contained provisions that were contrary to public policy. The Commission had to determine whether the agreement was in the interests of the employees and if it complied with the legislative requirements. The union contended that certain clauses regarding pay rates, penalty rates, and the introduction of new working arrangements were not sufficiently advantageous to the employees.

In its decision, the Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission found that while some of the union's concerns were valid, the overall agreement provided a fair balance between the needs of the employer and the rights of the employees. The Commission approved the agreement, noting that it met the better off overall test and did not contravene any public policy considerations. The Commission's reasoning highlighted the importance of considering the specific context of the workplace and the mutual benefits derived from the agreement.

The Fair Work Commission approved the Macaya Pty Ltd Single Enterprise Agreement 2019, subject to certain minor modifications to address the union's concerns. The modifications included adjustments to the pay rates and a clarification of the conditions under which new working arrangements would be implemented. The union's appeal was dismissed, and the agreement was registered as a single enterprise agreement under the Fair Work Act 2009.

Macaya Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established