DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macneil Group Pty Ltd
(AG2020/1674)

MACNEIL GROUP PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 31 JULY 2020

Application for approval of the Macneil Group Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Macneil Group Pty Ltd Enterprise Agreement 2020 (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 Employer 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. The undertakings are taken to be a term of 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 7 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Macneil Group Pty Ltd Enterprise Agreement 2020. The application was made by Macneil Group Pty Ltd, with the Australian Manufacturing Workers Union and the Construction, Forestry, Maritime, Mining and Energy Union being the registered bargaining representatives for the employees. The primary nature of the dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements.

The central legal issues that the Fair Work Commission was required to address included whether the agreement met the requirements for good faith bargaining, if it complied with the provisions concerning the "better off overall test," and if it adhered to the criteria for avoiding unreasonable discrimination against employees. The commission also needed to determine if the agreement was consistent with the provisions concerning the "no-disadvantage test." Furthermore, the commission considered whether the agreement included the necessary provisions for dispute resolution and whether it met the transparency requirements under the Fair Work Act.

The Fair Work Commission conducted a thorough examination of the proposed agreement and the submissions made by the parties. It determined that the agreement was the result of good faith bargaining and met the "better off overall test." The commission found that the agreement did not unreasonably discriminate against any employee group and satisfied the "no-disadvantage test." The agreement was also found to include the necessary provisions for dispute resolution and was compliant with the transparency requirements. Based on these findings, the Fair Work Commission approved the Macneil Group Pty Ltd Enterprise Agreement 2020.

The Fair Work Commission ordered that the Macneil Group Pty Ltd Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the commission's decision and would govern the employment conditions of the employees covered by the agreement. The commission further ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all parties involved.

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