Machforce Pty Ltd Summary

[2014] FWCA 1368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Machforce Pty Ltd
(AG2013/12171)

MACHFORCE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2014

Application for approval of the Machforce Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Machforce Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Machforce Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 25 February 2014 and, in accordance with s.54, will operate from 4 March 2014. The nominal expiry date of the Agreement is 25 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Machforce Pty Ltd sought approval of the Enterprise Agreement 2013. The dispute arose between the employer, represented by Machforce Pty Ltd, and the employees, represented by the Australian Manufacturing Workers Union. The central issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained appropriate minimum terms and conditions for the employees, as mandated by the Act. The employer argued that the agreement was fair and balanced, while the union contended that certain provisions did not meet the statutory minimum standards.

The Commission examined various provisions of the proposed agreement to ensure they adhered to the minimum terms and conditions outlined in the Fair Work Act. Key areas of focus included pay rates, leave entitlements, and other employment conditions. The Commission found that while the agreement generally met the statutory minimums, certain clauses required adjustments to ensure full compliance. For example, the union highlighted that the proposed pay rates for some employee classifications were below the relevant award rates. After reviewing the evidence and submissions from both parties, the Commission determined that the agreement needed modifications to align with the statutory minimum standards.

Following the review, the Commission made specific amendments to the agreement to rectify the non-compliant provisions. The employer was required to revise the pay rates and other terms to meet the minimum standards set by the Act. Once these adjustments were made, the Commission approved the Enterprise Agreement, finding it to be fair and balanced. The final decision ensured that the agreement provided adequate protection for the employees while allowing the employer to operate within a fair and efficient framework.

Machforce Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established