Marcon Pty Ltd Summary

[2013] FWCA 5517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marcon Pty Ltd
(AG2013/6991)

MARCON PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 AUGUST 2013

Application for approval of the Marcon Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Marcon Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding clause 8 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Marcon Pty Ltd, applied for the Fair Work Commission's approval of the Marcon Pty Ltd Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The applicant argued that the agreement should be approved as it complied with the relevant statutory requirements and that the union's opposition was without merit. The union opposed the application on several grounds, including that the agreement did not adequately protect the employees' entitlements and that it was not negotiated in good faith.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the agreement in detail. The Commission found that the agreement complied with the statutory requirements and that the union's objections were not well-founded. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protection of the employees' entitlements. The Commission also found that the agreement was negotiated in good faith and that the union's opposition was not justified.

The Fair Work Commission approved the Marcon Pty Ltd Enterprise Agreement 2013, dismissing the union's objections. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that the union's opposition was not well-founded. The Commission's decision was based on a careful consideration of the relevant statutory provisions and the evidence presented by both parties. The union's appeal against the Commission's decision was dismissed by the Full Bench of the Fair Work Commission, which upheld the original decision.

The Fair Work Commission's decision to approve the Marcon Pty Ltd Enterprise Agreement 2013 is a significant outcome for the applicant and its employees. The agreement provides for fair and reasonable terms and conditions of employment, and the Commission's decision ensures that the agreement will be legally binding on both parties. The union's objections were found to be without merit, and the Commission's decision provides clarity and certainty for all parties involved.

Marcon Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established