Mass Resources Group Pty Ltd

[2022] FWCA 2323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mass Resources Group Pty Ltd

(AG2022/1998)

MASS Resources Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2022

Application for approval of the Mass Resources Pty Ltd Enterprise Agreement 2022

Mass Resources Group Pty Ltd has made an application for approval of an enterprise agreement known as the Mass Resources Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 12 July 2022 and, in accordance with s 54, will operate from 19 July 2022. The nominal expiry date of the Agreement is 12 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mass Resources Group Pty Ltd sought approval of the Mass Resources Pty Ltd Enterprise Agreement 2022 from the Fair Work Commission. The application involved a dispute between the company and its employees represented by the National Union of Workers. The nature of the dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the terms and conditions of employment for the employees.

The primary legal issue before the Commission was whether the enterprise agreement provided for fair and reasonable terms and conditions of employment for the employees. This involved assessing whether the agreement complied with the statutory minimum standards set by the Fair Work Act 2009 and whether it met the requirements for being a "better off overall" agreement. The Commission also needed to consider any objections raised by the union and the employees.

In delivering its decision, the Commission thoroughly examined the terms of the enterprise agreement and the submissions from both parties. It considered the balance of rights and obligations, the impact on employees' wages and conditions, and whether the agreement provided for fair and reasonable terms of employment. After careful consideration, the Commission found that the agreement was fair and reasonable and did not breach any statutory minimum standards. It also determined that the agreement was a "better off overall" agreement, as it provided for improved terms and conditions for the employees. Therefore, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Mass Resources Pty Ltd Enterprise Agreement 2022, with the agreement to be registered with the Fair Work Ombudsman. The Commission also ordered that the agreement be given effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established