Mar’s Project Installations Pty Ltd Summary

[2014] FWCA 312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mar’s Project Installations Pty Ltd
(AG2013/12021)

MAR’S PROJECT INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 JANUARY 2014

Application for approval of the MAR’s Project Installations Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MAR’s Project Installations 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 Mar’s Project Installations 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, will operate from 20 January 2014. The nominal expiry date of the Agreement is 12 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mar’s Project Installations Pty Ltd, an employer, filed an application for the approval of the 2013 Enterprise Agreement with its employees. The dispute centred on whether the agreement met the statutory requirements for approval, specifically concerning its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining if the agreement appropriately balanced the rights and obligations of both the employer and the employees.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements for employee consultation and the inclusion of specific mandatory terms. Additionally, the Commission had to consider whether the agreement contained terms that were unfair, in that they would undermine the protections provided by the National Employment Standards and the safety net of minimum terms and conditions provided by modern awards.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements for approval. The agreement was deemed fair and reasonable, providing for adequate consultation processes and including all necessary mandatory terms. The Commission was satisfied that the agreement did not contain any terms that would undermine the protections of the National Employment Standards or the minimum terms of the relevant modern award. Consequently, the application for approval was granted, and the 2013 Enterprise Agreement was approved in its entirety.

Mar’s Project Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established