DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmahon Contractors Pty Ltd
(AG2017/4173)

MACMAHON BYERWEN AGREEMENT 2017

Mining industry
COMMISSIONER WILLIAMS	PERTH, 28 MARCH 2018

Application for approval of the Macmahon Byerwen Agreement 2017.

[1] This application has been made for approval of an enterprise agreement known as the Macmahon Byerwen Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macmahon Contractors Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] In response to concerns I had that the Agreement does not meet the s.186 and s.187 requirements the Applicant has provided written undertakings that meet those concerns. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement and I have sought the view of the bargaining representatives.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 is approved and, in accordance with s.54 of the Act, will operate from 4 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The personal details of the employee representatives have been redacted by the Commission.

CaseChat Overview and Summary

Macmahon Contractors Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Macmahon Byerwen Agreement 2017. This agreement, which was the subject of negotiations between Macmahon, an employer in the construction industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), its employees' representative, was intended to establish the terms and conditions of employment for certain workers. The application for approval came about due to a dispute that arose from the negotiation process and the subsequent agreement.

The primary legal issues the Commission had to address revolved around whether the agreement met the necessary standards under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it provided for the terms and conditions of employment in a manner that was fair and appropriate. Given the complexities involved in industrial relations, the Commission also considered whether the agreement complied with the relevant provisions of the Act and if it provided adequate protections and benefits for the employees.

In its decision, the Fair Work Commission meticulously examined the provisions of the Macmahon Byerwen Agreement 2017. The Commission found that the agreement had been made in good faith and contained terms and conditions that were fair and appropriate. The Commission acknowledged the extensive efforts made by both parties during the negotiation process and concluded that the agreement met all necessary legal standards. Consequently, the application for approval was granted, and the agreement was certified as meeting the requirements of the Fair Work Act 2009.

The final orders included the certification of the Macmahon Byerwen Agreement 2017, which would now form the basis of employment terms and conditions for the relevant workers. This decision underscored the importance of good faith negotiations and the role of the Fair Work Commission in ensuring that industrial agreements are fair and appropriate for all parties involved.

Macmahon Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established