DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MAK Construction Services Pty Ltd
(AG2015/920)

MAK CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 APRIL 2015

Application for approval of the MAK Construction Services Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 April 2015 by MAK Construction Services Pty Ltd Ltd for the approval of a single-enterprise agreement known as the MAK Construction Services Pty Ltd Enterprise Agreement 2015(“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, MAK Construction Services Pty Ltd applied for the approval of the MAK Construction Services Pty Ltd Enterprise Agreement 2015. The applicant is an employer in the construction industry, and the agreement governs the terms and conditions of employment for its employees. The application was brought under the Fair Work Act 2009, which mandates the approval of enterprise agreements before they can have legal effect. The dispute centred on whether the agreement met the legislative requirements for approval, including whether it complied with the provisions regarding minimum entitlements and whether it was free from prohibited content.

The key legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the statutory minimum standards set out in the Safety, Rehabilitation and Compensation Act 1988 and other relevant legislation. Additionally, the Commission considered whether the agreement contained any provisions that were contrary to public policy or otherwise unlawful. The applicant argued that the agreement was fair and reasonable and provided for terms and conditions that were better than the applicable awards and legislation.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did not provide for fair and reasonable terms and conditions. The Commission identified several issues, including provisions that were contrary to public policy and failed to meet the statutory minimum standards. The Commission also found that the agreement contained prohibited content, which rendered it invalid. As a result, the application for approval was dismissed. The Commission emphasised the importance of enterprise agreements meeting the statutory requirements and providing for fair and reasonable terms and conditions.

MAK Construction Services 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