DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Constructions Pty Ltd
(AG2021/5711)

MANSFIELD CONSTRUCTIONS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 22 JULY 2021

Application for approval of the Mansfield Constructions Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mansfield Constructions Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mansfield Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Building Construction Employees and Builders Labourers Federation (ABCEF) to the Fair Work Commission (FWC) for the approval of the Mansfield Constructions Enterprise Agreement 2020. The dispute arose as the agreement was to cover employees of Mansfield Constructions Pty Ltd, and there was contention over certain provisions of the agreement. The FWC was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue the FWC addressed was whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on the process by which the agreement was formed and the fairness of its terms. The FWC had to consider if the agreement was genuinely negotiated and if it met the requirements for coverage and application. Additionally, the FWC needed to ensure that the agreement did not contravene any applicable awards or other industrial instruments.

The FWC examined the evidence presented regarding the negotiation process and the content of the agreement. The commission found that the agreement was genuinely negotiated and that the process complied with the legal requirements. The FWC also assessed the terms of the agreement and concluded that they were fair and reasonable, taking into account the specific circumstances of the employees covered by the agreement. The commission determined that the agreement met all necessary criteria for approval under the Fair Work Act.

Following its findings, the FWC approved the Mansfield Constructions Enterprise Agreement 2020. The decision confirmed the validity and enforceability of the agreement, allowing it to be applied to the relevant employees of Mansfield Constructions Pty Ltd. The approval of the agreement signified that it complied with the statutory standards and would operate in accordance with the requirements of the Fair Work Act.

Mansfield 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