Mallard Contracting Pty Ltd

[2014] FWCA 6629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mallard Contracting Pty Ltd
(AG2014/7043)

MALLARD CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the Mallard Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mallard Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mallard Contracting Pty Ltd. The Agreement is a greenfields agreement.

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

[3] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 25 September 2014 and, in accordance with s.54, will operate from 2 October 2014. The nominal expiry date of the Agreement is 25 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Mallard Contracting Pty Ltd for the approval of a workplace agreement known as the Mallard Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant sought to have the agreement made under the Fair Work Act 2009, and the Australian Workers' Union (AWU) supported the application. The dispute primarily revolved around whether the agreement complied with the requirements of the Act and if it was fair and reasonable for the employees covered by it.

The central legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act, specifically whether it was a genuine enterprise agreement, whether it provided for the proper operation of the enterprise, and whether it was fair and reasonable. The Commission also considered whether the agreement adequately covered all the necessary aspects of employment, such as wages, conditions, and dispute resolution mechanisms, and whether it aligned with the principles of good faith bargaining.

The Commission determined that the agreement was a genuine enterprise agreement, as it was made by the parties in good faith and covered the employees as required by the Act. The Commission found that the agreement provided for the proper operation of the enterprise and was fair and reasonable, taking into account the principles of good faith bargaining and the specific circumstances of the enterprise. The Commission noted that the agreement contained provisions that were consistent with industry standards and practices, and that it adequately addressed the needs and interests of both the employer and the employees.

The Commission approved the Mallard Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. The agreement was to apply to the employees of Mallard Contracting Pty Ltd covered by the agreement, and it was to remain in force until it was terminated, varied, or replaced in accordance with the Fair Work Act. The Commission's decision provided clarity and certainty for the parties involved and ensured that the agreement met the legal requirements for approval 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