Macdon Electrical Pty Ltd Summary

[2014] FWCA 6624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macdon Electrical Pty Ltd
(AG2014/6959)

MACDON ELECTRICAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Macdon Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macdon Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Macdon Electrical Pty Ltd. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 24 September 2014 and, in accordance with s.54, will operate from 1 October 2014. The nominal expiry date of the Agreement is 24 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macdon Electrical Pty Ltd, an electrical contractor, sought approval of the Macdon Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was brought before the Fair Work Commission in accordance with section 235 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the requirements of the Act and was appropriate for the workforce concerned.

The legal issues before the Commission were whether the agreement was genuinely negotiated between the parties, whether it complied with the procedural fairness requirements, and if it contained provisions that were not in the best interests of the employees. The Commission had to assess the evidence of the negotiation process, the fairness of the agreement, and the appropriateness of its provisions.

The Commission found that the agreement had been genuinely negotiated, and the process met the procedural fairness requirements. The Commission concluded that the agreement was appropriate for the workforce and contained provisions that were in their best interests. The Commission approved the agreement, finding it complied with the statutory requirements and was beneficial for the employees.

No further orders were made beyond the approval of the agreement. The decision confirmed the validity and enforceability of the Macdon Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

Macdon Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established