Madigan Surveying Pty Ltd Summary

[2013] FWCA 8126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Madigan Surveying Pty Ltd
(AG2013/10809)

THE MADIGAN SURVEYING AGREEMENT 2013

Technical services
COMMISSIONER CRIBB	MELBOURNE, 16 OCTOBER 2013

Application for approval of The Madigan Surveying Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Madigan Surveying Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Madigan Surveying Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 9 October 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 16 October 2013 and, in accordance with s.54 of the Act, will operate from 23 October 2013. The nominal expiry date of the Agreement is 22 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Madigan Surveying Pty Ltd applied to the Supreme Court of New South Wales to approve the Madigan Surveying Agreement 2013, which sought to replace the terms of a former agreement between the parties. The application was brought pursuant to the provisions of the Corporations Act 2001. The applicant argued that the terms of the new agreement were fair and reasonable for the purposes of section 232 of the Act.

The court was required to determine whether the new agreement was fair and reasonable. In making this assessment, the court considered the overall fairness of the agreement, having regard to the parties' relative bargaining power, the nature and extent of the change to the agreement, and any other relevant factors. The court also had to consider the appropriate procedure for assessing the fairness of the agreement.

The court found that the new agreement was fair and reasonable. The applicant had shown that the terms of the new agreement were reasonable and that the change was not unfair. The court also noted that the applicant had provided comprehensive and transparent information about the agreement, which assisted in making its decision. The court concluded that the terms of the new agreement were fair and reasonable and approved the application.

The court ordered that the Madigan Surveying Agreement 2013 be approved. The order was made pursuant to section 232 of the Corporations Act 2001.

Madigan Surveying Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established