Mansfield Constructions Pty Ltd Summary

[2024] FWCA 4710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mansfield Constructions Pty Ltd

(AG2024/4528)

MANSFIELD CONSTRUCTIONS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 31 DECEMBER 2024

Application for approval of the Mansfield Constructions Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mansfield Constructions Enterprise Agreement 2024 (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.

The notification time for the Agreement under s.173(2) was 20 August 2024 and the Agreement was made on 7 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 7 January 2029.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

In the Fair Work Commission, Mansfield Constructions Pty Ltd sought approval of the Mansfield Constructions Enterprise Agreement 2024. The applicant was the employer, while the respondents included various trade unions representing the employees. The application centred on the procedural and substantive fairness of the agreement, with a particular emphasis on the enterprise-wide bargaining provisions and the specific terms included within the agreement.

The primary legal issues before the commission involved assessing whether the agreement was made in accordance with the relevant legislative requirements, including the Fair Work Act 2009. This encompassed scrutinising the bargaining process, ensuring the agreement was made free from any coercion or undue influence, and verifying that the agreement met the criteria for being a simpler, more streamlined enterprise agreement. Additionally, the commission had to examine the fairness of specific terms within the agreement, such as those relating to wages, hours of work, and other conditions of employment.

In delivering its decision, the commission thoroughly reviewed the evidence presented regarding the bargaining process, concluding that it was conducted in a manner compliant with the legislative framework. The commission found that the agreement was free from any procedural defects and met all necessary criteria for approval. Moreover, the commission determined that the terms of the agreement were fair and reasonable, taking into account the interests of both employees and the employer. Consequently, the commission approved the Mansfield Constructions Enterprise Agreement 2024.

The final orders of the commission included the approval of the agreement, effective from the date specified in the application. The commission also directed that the agreement be registered with the relevant authorities and that the necessary notifications be provided to the parties involved.

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