Marshall & Brougham (Constructions) Pty Ltd

[2014] FWCA 4794

FAIR WORK COMMISSION

DECISION

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

Marshall & Brougham (Constructions) Pty Ltd
(AG2014/6675)

MARSHALL & BROUGHAM CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2014

Application for approval of the Marshall & Brougham Constructions Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Marshall & Brougham Constructions Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marshall & Brougham Constructions Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“The maximum amount that may be required to be repaid under clause 29.4 is $1,500 for each year (or part year) of service.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2014. The nominal expiry date of the Agreement is 17 July 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Marshall & Brougham (Constructions) Pty Ltd was the subject of an application for the approval of their Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, with the employer seeking approval for the proposed agreement. The dispute centred around the terms of the enterprise agreement and whether they complied with the relevant industrial legislation. The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum terms and conditions and whether it was free from prohibited content.

The Commission examined the proposed agreement clause by clause, considering its compliance with the Fair Work Act. It assessed whether the agreement covered the necessary minimum terms and conditions, such as those relating to wages, hours of work, and other employment entitlements. Additionally, the Commission determined if any provisions within the agreement contained content that was prohibited under the legislation. After a thorough review, the Commission concluded that the proposed agreement was largely compliant with the Fair Work Act. Some minor amendments were required to ensure full compliance, particularly in relation to the specification of minimum terms and conditions. The Commission found that the agreement was free from prohibited content and that the minor amendments would not significantly alter the overall nature of the agreement.

In light of the findings, the Commission approved the Enterprise Agreement 2014 with the necessary amendments. The approval was contingent upon the employer making the specified changes to ensure full compliance with the Fair Work Act. The final orders included the approval of the agreement, subject to the minor amendments being implemented within a specified timeframe. The decision provided clarity on the requirements for enterprise agreements and reinforced the importance of adhering to industrial legislation to ensure fair and lawful employment practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established