Macquarie Builders Pty Ltd Summary

[2013] FWCA 682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macquarie Builders Pty Ltd
(AG2013/4640)

MACQUARIE BUILDERS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 30 JANUARY 2013

Application for approval of the Macquarie Builders Pty Ltd Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie Builders Pty Ltd Employee Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Macquarie Builders Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 6 February 2013. The nominal expiry date of the Agreement is 21 February 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macquarie Builders Pty Ltd applied for approval of the Macquarie Builders Pty Ltd Employee Collective Agreement 2012. The Fair Work Commission was asked to decide whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement contained all the necessary minimum entitlements and whether it had been genuinely agreed to by the parties.

The Commission considered the nature of the agreement and whether it covered all the required minimum terms and conditions as set out in the Fair Work Act. It also examined whether the agreement had been made without any improper conduct, such as coercion or undue influence. In assessing the agreement, the Commission reviewed the evidence provided by the employer and the union to determine whether the agreement had been genuinely negotiated and agreed upon by both parties. The Commission found that the agreement did indeed meet all the statutory requirements and was genuinely agreed upon by the employer and the union.

The Fair Work Commission approved the Macquarie Builders Pty Ltd Employee Collective Agreement 2012, finding that it contained all the necessary minimum terms and conditions and had been genuinely negotiated and agreed upon by both parties. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and was consistent with the objectives of the Fair Work Act. The decision confirmed the validity of the agreement, ensuring that it could be enforced between the parties and providing clarity for future negotiations.

Macquarie Builders Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established