Macdonald Building and Plumbing Pty Ltd

[2013] FWCA 5930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macdonald Building and Plumbing Pty Ltd
(AG2013/2250)

MACDONALD BUILDING AND PLUMBING PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 AUGUST 2013

Application for approval of the Macdonald Building and Plumbing Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Macdonald Building and Plumbing Pty Ltd Wheatstone Project Agreement 2013. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the case of Macdonald Building and Plumbing Pty Ltd involved an application for the approval of the Macdonald Building and Plumbing Pty Ltd Wheatstone Project Agreement 2013. The applicant, Macdonald Building and Plumbing Pty Ltd, sought the court's approval of the agreement, which detailed the terms and conditions of a project undertaken by the respondent. The dispute centred around the validity and enforceability of the agreement, with the applicant asserting that it was necessary to proceed with the project.

The central legal issues for the court to determine were whether the agreement was fair and reasonable, and whether it complied with the relevant legislative provisions. Specifically, the court had to consider whether the agreement was within the scope of the Fair Work Act 2009 and whether it adhered to the provisions of the Fair Work Regulations 2009. The applicant argued that the agreement was a genuine enterprise agreement and that the court should grant approval for its implementation.

The court considered the terms of the agreement and the evidence presented by both parties. It examined whether the agreement was a genuine enterprise agreement and whether it had been fairly and properly negotiated. The court also assessed whether the agreement was in the best interests of the employees involved and whether it complied with the statutory requirements. After careful deliberation, the court found that the agreement met the necessary criteria and granted the application for approval. The agreement was deemed fair and reasonable, and it was concluded that it complied with the legislative provisions, thereby allowing the project to proceed as outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established