DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macbays Family Trust ITF Mooroolbark Excavations Pty Ltd T/A MEX Infrastructure
(AG2015/2284)

MOOROOLBARK EXCAVATIONS ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 APRIL 2015

Application for approval of the Mooroolbark Excavations Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mooroolbark Excavations Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mooroolbark Excavations Pty Ltd T/A MEX Infrastructure. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Agreement was approved on 15 April 2015 and, in accordance with s.54, will operate from 22 April 2015. The nominal expiry date of the Agreement is 14 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Mooroolbark Excavations Pty Ltd trading as MEX Infrastructure, sought approval of the Mooroolbark Excavations Enterprise Agreement 2015-2018. The respondents, Macbays Family Trust as trustee for the Mooroolbark Excavations Pty Ltd Superannuation Fund, opposed the application. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees and the employer. The respondents argued that the agreement did not provide adequate benefits for employees, particularly in relation to the superannuation provisions. The applicants contended that the agreement was fair and reasonable and provided for a balanced outcome for both parties.

The Commission found that the proposed enterprise agreement was in the best interests of the employees and the employer. The Commission noted that the agreement provided for a number of benefits for employees, including a wage increase and improvements to leave provisions. The Commission also found that the superannuation provisions were reasonable and did not disadvantage employees. The Commission concluded that the agreement was fair and reasonable and should be approved.

The Fair Work Commission approved the Mooroolbark Excavations Enterprise Agreement 2015-2018. The agreement will now apply to the employees of Mooroolbark Excavations Pty Ltd trading as MEX Infrastructure. The respondents' application for review was dismissed.

Macbays Family Trust ITF Mooroolbark Excavations Pty Ltd T/A MEX Infrastructure

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established