DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Makkon Pty Ltd
(AG2015/4633)

MAKKON PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2015

Application for approval of the Makkon Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Makkon Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Makkon 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.

[3] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 17 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Makkon Pty Ltd, which sought approval for the Enterprise Agreement 2015-2019 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement met the legal standards for approval, particularly regarding the fairness of its terms and conditions. The employer argued that the agreement was fair and reasonable, while the employee representatives contended that certain provisions were unjust and did not adequately protect employees' rights.

The primary legal issues before the Commission were whether the agreement was genuinely bargained, covered all employees within its scope, and was free from any invalid or unenforceable terms. The Commission had to evaluate the negotiation process, the content of the agreement, and its impact on employees. The employer had to demonstrate that the agreement was the product of genuine negotiations and that it was fair and reasonable in all its terms.

In its decision, the Commission examined the evidence provided by both parties and found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The Commission considered the economic context, the nature of the industry, and the bargaining power of the parties. It determined that the agreement provided adequate protections for employees and did not include any terms that were unfair. Therefore, the Commission approved the Enterprise Agreement 2015-2019. The employer's application for approval was granted, and the agreement was registered under the Act.

Makkon 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