DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manresa Constructions Pty Ltd
(AG2021/4779)

MANRESA CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 MAY 2021

Application for approval of the Manresa Constructions Pty Ltd Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Manresa Constructions Pty Ltd Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manresa Constructions 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 is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 2 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider the application for approval of the Manresa Constructions Pty Ltd Enterprise Agreement 2021-2025. The application was brought by the employer, Manresa Constructions Pty Ltd, with the involvement of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the relevant trade union. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement was made in good faith, whether it provided for a safety net of minimum wages and conditions, and whether it complied with the provisions of the Fair Work Act. The FWC also had to consider if the agreement was made without any improper conduct and if it included adequate mechanisms for dispute resolution.

The FWC determined that the agreement was made in good faith and without any improper conduct. It found that the agreement provided for a safety net of minimum wages and conditions that was not less favourable than those provided by the relevant awards or the National Employment Standards. The FWC also concluded that the agreement was consistent with the provisions of the Fair Work Act and included appropriate mechanisms for dispute resolution. Based on these findings, the FWC approved the Manresa Constructions Pty Ltd Enterprise Agreement 2021-2025.

In light of the approval, the FWC directed that the agreement be registered with the Fair Work Commission Registry. The agreement will now serve as the governing instrument for the employment conditions of the employees covered by the agreement, effective from the date of registration.

Manresa Constructions 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