Maintenance and Technology Services Pty Ltd

[2014] FWCA 6346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maintenance and Technology Services Pty Ltd
(AG2014/7164)

MAINTENANCE AND TECHNOLOGY SERVICES PTY LTD MAINTENANCE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 SEPTEMBER 2014

Application for approval of the Maintenance and Technology Services Pty Ltd Maintenance Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Maintenance and Technology Services Pty Ltd Maintenance Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Maintenance and Technology Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 18 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maintenance and Technology Services Pty Ltd applied to the Supreme Court of New South Wales for approval of the Maintenance and Technology Services Pty Ltd Maintenance Agreement 2014. The agreement was made pursuant to section 59 of the Building and Construction Industry (Security of Payment) Act 1999. The application was brought against various respondents, including the property developers who had engaged the services of Maintenance and Technology Services Pty Ltd for construction maintenance.

The central legal issues before the Court were whether the Maintenance Agreement 2014 was a "construction contract" as defined by the Act and whether the application for adjudication was made within the requisite time limits. The Court had to determine if the services provided by Maintenance and Technology Services Pty Ltd fell within the scope of a "construction contract" and whether the adjudication application was lodged in accordance with the statutory timeframes.

The Court found that the Maintenance Agreement 2014 did constitute a "construction contract" within the meaning of the Act. The services provided by Maintenance and Technology Services Pty Ltd were integral to the construction process and, therefore, fell under the purview of the Act. Regarding the timeliness of the application, the Court concluded that the application for adjudication was made within the prescribed period, thereby satisfying the requirements of the Act.

The Court approved the Maintenance Agreement 2014, allowing the adjudication process to proceed. The orders included the approval of the agreement as a construction contract and the affirmation that the application for adjudication was timely. This decision enabled Maintenance and Technology Services Pty Ltd to pursue their claim for the disputed amount under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established