Matrix Contracting Pty Ltd T/A Matrix Demolition

[2014] FWCA 8077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Matrix Contracting Pty Ltd T/A Matrix Demolition
(AG2014/8876)

MATRIX DEMOLITION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 NOVEMBER 2014

Application for approval of the Matrix Demolition Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Matrix Demolition 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 Matrix Contracting Pty Ltd T/A Matrix Demolition. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 was approved on 13 November 2014 and, in accordance with s.54, will operate from 20 November 2014. The nominal expiry date of the Agreement is 12 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Matrix Contracting Pty Ltd, trading as Matrix Demolition, brought an application before the Fair Work Commission (FWC) to approve the Matrix Demolition Enterprise Agreement 2014. The application sought confirmation of an enterprise agreement that had been negotiated between the employer and the Australian Manufacturing Workers' Union. The nature of the dispute involved the procedural fairness of the FWC's consideration of the application and the terms of the agreement itself.

The legal issues before the FWC included whether the FWC had acted in a procedurally fair manner in considering the application, and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the issues encompassed whether the FWC adequately considered the potential impact of the agreement on the employees and whether the agreement complied with the Act's requirements for good faith bargaining and the protection of employees' rights.

The FWC determined that it had acted procedurally fairly in considering the application, noting that it had given due consideration to the submissions made by the parties and had not overlooked any relevant information. The FWC also found that the agreement met the statutory requirements for approval, including the good faith bargaining test. The FWC concluded that the agreement was in the best interests of the employees, taking into account the broader economic context and the need to balance the interests of both the employer and the employees. The FWC approved the application, confirming the agreement as a registered enterprise agreement.

The FWC's decision confirmed the Matrix Demolition Enterprise Agreement 2014 as a legally binding enterprise agreement. The approval was based on the FWC's determination that the agreement had been made in good faith and that it provided a fair and reasonable outcome for the employees. The FWC's decision provided clarity and legal certainty for both the employer and the employees, ensuring that the terms of the agreement would be upheld and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established