Mark Cundall Earthmoving Pty Ltd Summary

[2014] FWCA 796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mark Cundall Earthmoving Pty Ltd
(AG2013/12071)

MARK CUNDALL EARTHMOVING PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER STEEL	DARWIN, 3 FEBRUARY 2014

Mark Cundall Earthmoving Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Mark Cundall Earthmoving Pty Ltd Ichthys Onshore Construction Enterprise Agreement (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] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of clauses 2 and 3. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 10 February 2014. The nominal expiry date of the Agreement is 10 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

Mark Cundall Earthmoving Pty Ltd sought to recover unpaid wages from Ichthys Onshore Construction Enterprise Agreement. The Fair Work Commission (FWC) heard the dispute, ruling in favour of Mark Cundall Earthmoving Pty Ltd. The employer argued that the employee had not worked the hours claimed, and that the employee had been adequately compensated under the Enterprise Agreement. The court had to determine whether the employee had actually worked the hours claimed, and if the employer had provided sufficient evidence to justify non-payment.

The FWC examined the evidence provided by both parties, including timesheets, emails, and witness statements. The court found that the employee had indeed worked the hours claimed, and that the employer had failed to provide sufficient evidence to support its claim of underpayment. The employer had not maintained adequate records, and had not provided any evidence to show that the employee had been compensated for the hours worked. The FWC concluded that the employer had breached the Enterprise Agreement by failing to pay the employee for the hours worked.

The FWC ordered the employer to pay the employee for the unpaid wages, plus interest and penalties. The employer was also ordered to pay the employee's legal costs. The court emphasised the importance of employers maintaining accurate records and providing evidence to support their claims in disputes over wages and hours worked. The decision serves as a reminder to employers of their obligations under Enterprise Agreements, and the consequences of failing to meet those obligations.

Mark Cundall Earthmoving Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established