MACDONALD CONTRACTING AUSTRALIA PTY LTD

[2013] FWCA 3620

FAIR WORK COMMISSION

DECISION

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

MACDONALD CONTRACTING AUSTRALIA PTY LTD
(AG2013/1328)

MACDONALD CONTRACTING AUSTRALIA PTY LTD ENTERPRISE AGREEMERNT 2012-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 JUNE 2013

Application for approval of the MacDonald Contracting Australia Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the MacDonald Contracting Australia Pty Ltd Enterprise Agreement 2012-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by MacDonald Contracting Australia Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 13 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT “A”

CaseChat Overview and Summary

In the Fair Work Commission, MacDonald Contracting Australia Pty Ltd sought approval of an enterprise agreement with its employees. The applicant, a construction company, argued that the proposed agreement was appropriate for its operations and complied with relevant laws. The dispute centred on whether the agreement met the legal requirements for approval, particularly in relation to the Fair Work Act 2009 and its regulations.

The central legal issue was whether the proposed enterprise agreement adequately addressed the needs of both the employer and the employees, while also complying with statutory provisions. Specifically, the Commission had to consider if the agreement was made in good faith, provided for the proper negotiation process, and if it contained all the necessary terms and conditions as required by law. Additionally, the Commission assessed whether the agreement met the ‘better off overall test’ (BOOT) to ensure that the employees would not be worse off financially under the new agreement.

The Commission determined that the proposed enterprise agreement was fair and met all the statutory requirements. It found that the agreement was made in good faith and that the negotiation process was appropriate. Furthermore, the Commission concluded that the agreement contained all the necessary terms and conditions and that employees would not be worse off financially. Therefore, the Commission approved the MacDonald Contracting Australia Pty Ltd Enterprise Agreement 2012 - 2016.

The Fair Work Commission approved the enterprise agreement, confirming that it was fair and met all legal requirements. This decision allowed the agreement to be implemented, providing a framework for the employer and employees to follow for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established