DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Matrix Contracting Pty Ltd T/A Matrix Demolition
(AG2018/3665)

MATRIX DEMOLITION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 13 DECEMBER 2018

Application for approval of the Matrix Demolition Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Matrix Demolition Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Matrix Contracting Pty Ltd T/A Matrix Demolition. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 12 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Matrix Contracting Pty Ltd, trading as Matrix Demolition, and various trade unions representing its employees. The dispute centred on the approval of the Matrix Demolition Enterprise Agreement 2018. The unions sought to have the agreement approved under section 233 of the Fair Work Act 2009, while Matrix Contracting argued against its approval, citing several concerns about the agreement's terms and conditions.

The primary legal issues the commission had to address were whether the agreement met the requirements for "direct" approval under section 233 of the Act, and whether it complied with the "better off overall test" as stipulated in section 235 of the Act. The unions argued that the agreement provided fair and reasonable terms for the employees, while Matrix Contracting contended that the agreement did not meet the necessary standards for approval.

In evaluating the application, the commission considered the terms and conditions of the agreement, the bargaining process, and the "better off overall test". The commission found that the agreement met the requirements for direct approval as it was the product of good faith bargaining, and the employees' interests were adequately represented. Furthermore, the commission concluded that the agreement complied with the "better off overall test" as it provided the employees with improved conditions and benefits, including wage increases and enhanced leave provisions. As a result, the commission approved the Matrix Demolition Enterprise Agreement 2018.

The Fair Work Commission's decision to approve the agreement was based on the evidence presented and the application of the relevant legal provisions. The commission found that the agreement met the necessary criteria for direct approval and provided the employees with fair and reasonable terms. The commission's decision ensures that the employees of Matrix Contracting Pty Ltd will benefit from the improved conditions and benefits outlined in the approved agreement.

Matrix Contracting Pty Ltd T/A Matrix Demolition

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established