DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maintenance and Construction Services (Australia) Pty Ltd
(AG2016/743)

MAINTENANCE AND CONSTRUCTION SERVICES (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2016

Application for approval of the Maintenance and Construction Services (Australia) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Maintenance and Construction Services (Australia) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maintenance and Construction Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 8 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Maintenance and Construction Services (Australia) Pty Ltd sought approval of the Maintenance and Construction Services (Australia) Pty Ltd Enterprise Agreement 2016. The dispute centred on whether the agreement met the legal requirements for approval, including that it provided for a modern award or safety net terms, and was free from prohibited content. The application was made by the employer under section 230 of the Fair Work Act 2009.

The Commission considered whether the agreement provided for terms and conditions that were not less favourable than the applicable modern award or safety net terms. Additionally, the Commission examined whether the agreement contained any terms that were prohibited by the Fair Work Act. In reviewing the agreement, the Commission noted that it provided for a modern award or safety net terms, as it included a reference to the relevant modern award and incorporated its terms by reference. Furthermore, the agreement was found to be free from prohibited content, as it did not contain any terms that were contrary to the Act.

The Commission approved the agreement, finding that it met the legal requirements for approval. The Commission held that the agreement provided for terms and conditions that were not less favourable than the applicable modern award or safety net terms, and did not contain any prohibited content. The Commission's decision was based on a detailed analysis of the agreement and the relevant legal provisions.

The employer's application for approval of the Maintenance and Construction Services (Australia) Pty Ltd Enterprise Agreement 2016 was approved by the Commission. The Commission found that the agreement met the legal requirements for approval, including that it provided for a modern award or safety net terms, and was free from prohibited content. The Commission's decision provides clarity on the requirements for approving an enterprise agreement and the scope of the Commission's powers in reviewing such agreements.

Maintenance and Construction Services (Australia) 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