DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macneil Group Pty Ltd
(AG2017/3831)

MACNEIL GROUP PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Macneil Group Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Macneil Group Pty Ltd Enterprise 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 Macneil Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Macneil Group Pty Ltd, a company in the hospitality and retail sector, brought an application before the Fair Work Commission for the approval of the Macneil Group Pty Ltd Enterprise Agreement 2017. The application was contested by the Australian Services Union, which represented some of the employees. The dispute centred on the terms of the enterprise agreement, particularly those relating to employee entitlements and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the fairness and compliance of the agreement with the statutory framework. The Commission had to assess whether the agreement provided for the terms and conditions of employment in a manner that was fair and appropriate, and whether it met the criteria for being a "better off overall test" (BOOT) agreement. Additionally, the Commission considered whether the agreement adhered to the procedural requirements of the Fair Work Act, including the necessity of genuine bargaining and the avoidance of any coercion or undue influence.

The Fair Work Commission, after thorough examination of the evidence and submissions, found that the agreement was fair and met all statutory requirements for approval. The Commission concluded that the agreement was the product of genuine bargaining and did not contain any terms that were unfair or contrary to public policy. The Commission also determined that the agreement satisfied the BOOT requirement, as it provided employees with a combination of wages and conditions that were better than those provided under the relevant award. The Commission approved the Macneil Group Pty Ltd Enterprise Agreement 2017, finding it to be compliant with all relevant legislative provisions.

The final orders of the Commission included the approval of the Macneil Group Pty Ltd Enterprise Agreement 2017, with the agreement to be registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision and would govern the terms and conditions of employment for the employees covered by the agreement. The Australian Services Union's objections were dismissed, and the application was allowed.

Macneil Group 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