Mansfield Constructions Pty Ltd Summary

[2013] FWCA 5879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Constructions Pty Ltd
(AG2013/2116)

MANSFIELD CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 20 AUGUST 2013

Application for approval of the Mansfield Constructions Pty Ltd Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Mansfield Constructions Pty Ltd Enterprise Agreement 2013 (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 Agreement was listed for e-hearing, in chambers before me at 10:00am on Tuesday, 20 August 2013.

[3] 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.

[4] The Agreement is approved and in accordance with s.54 of the Act will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between Mansfield Constructions Pty Ltd and their employees as represented by the Building Construction, Forestry, Mining and Energy Union. The agreement, dated 2013, was presented for endorsement by the company. The nature of the dispute was straightforward, focusing on whether the agreement met all the necessary legal criteria for approval under the Fair Work Act 2009. The legal issues before the Commission involved determining if the agreement complied with all provisions of the Act, including provisions for employee representation, dispute resolution, and procedural fairness. The Commission had to ensure that the agreement provided for fair terms and conditions of employment and that the process of agreement formation was fair and lawful.

The Fair Work Commission examined the agreement meticulously, considering all aspects of the Fair Work Act 2009. The Commission assessed whether the agreement had been made in good faith, whether it provided for fair terms and conditions, and whether it had been properly negotiated. The Commission also evaluated if the process leading to the agreement's creation was fair and lawful. The Commission found that the agreement met all the necessary legal criteria and was fair and reasonable in its terms and conditions. The agreement included provisions for employee representation and dispute resolution, which were in line with the requirements of the Act.

As a result of its findings, the Commission approved the Mansfield Constructions Pty Ltd Enterprise Agreement 2013. The Commission determined that the agreement was compliant with the Fair Work Act 2009 and was fair and reasonable for the employees. The approval meant that the agreement would now form the basis for the terms and conditions of employment for the employees covered by it. The Commission's decision provided clarity and certainty to both the company and its employees regarding their employment conditions.

Mansfield Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established