Macquarie Builders Pty Ltd

[2014] FWCA 8322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macquarie Builders Pty Ltd
(AG2014/9692)

MACQUARIE BUILDERS PTY LTD & CFMEU TASMANIAN ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Macquarie Builders Pty Ltd & CFMEU Tasmanian Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie Builders Pty Ltd & CFMEU Tasmanian Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macquarie Builders 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 November 2014 and, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 1 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Macquarie Builders Pty Ltd, sought approval of the Macquarie Builders Pty Ltd & CFMEU Tasmanian Enterprise Agreement 2014. The applicant is a company registered in Tasmania, and the respondent is a union representing employees in the Tasmanian building industry. The dispute arose when the union sought to have the enterprise agreement approved by the Fair Work Commission. The applicant argued that the agreement was not in the best interests of the employees, while the union contended that the agreement was fair and reasonable. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the enterprise agreement was in the best interests of the employees. The court had to consider whether the agreement was fair and reasonable, and whether it provided for the employees' terms and conditions of employment in a manner that was satisfactory to both the employer and the employees. The court also had to consider whether the agreement complied with relevant legislation, including the Fair Work Act 2009.

The court found that the enterprise agreement was in the best interests of the employees. The agreement provided for reasonable terms and conditions of employment, including provisions for pay rates, overtime, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement was fair and reasonable, and that it complied with relevant legislation. The court approved the enterprise agreement, finding that it met the criteria set out in the Fair Work Act 2009.

The court's approval of the enterprise agreement means that it is now legally binding on the parties. The agreement sets out the terms and conditions of employment for the employees represented by the union, and provides a framework for resolving any disputes that may arise in the future. The approval of the enterprise agreement is an important step in ensuring that the employees receive fair and reasonable terms and conditions of employment, and that the employer is able to operate its business in a manner that is consistent with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established