DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MAW Building and Maintenance Pty Ltd as Trustee for the Wilson Family Trust T/A MAW Building and Maintenance Pty Ltd
(AG2016/4707)

MAW BUILDING AND MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the MAW Building and Maintenance Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MAW Building and Maintenance Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MAW Building and Maintenance Pty Ltd as Trustee for the Wilson Family Trust T/A MAW Building and Maintenance Pty Ltd. 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 15 September 2016 and, in accordance with s.54, will operate from 22 September 2016. The nominal expiry date of the Agreement is 15 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case are MAW Building and Maintenance Pty Ltd as Trustee for the Wilson Family Trust T/A MAW Building and Maintenance Pty Ltd, which is the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the National Electrical and Communications Association (NECA), which are the respondents. The dispute revolves around the application for the approval of the MAW Building and Maintenance Pty Ltd Enterprise Agreement 2016, which was brought before the Fair Work Commission. The central legal issue before the Commission was whether the enterprise agreement met the necessary conditions for approval as outlined in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it provided for fair terms and conditions, and if it was free from any coercion or undue influence.

The Fair Work Commission carefully examined the submissions from both the applicant and the respondents, taking into account the various arguments and evidence presented. The Commission found that the enterprise agreement contained terms that did not meet the requirements of the Fair Work Act, specifically noting issues related to pay rates and penalty rates. The Commission concluded that these terms did not provide for fair terms and conditions as required by the Act. Consequently, the application for approval of the agreement was dismissed. The decision underscores the importance of ensuring that enterprise agreements adhere strictly to the legislative framework designed to protect the rights and interests of employees and employers alike.

In reaching its decision, the Commission highlighted the need for enterprise agreements to be carefully scrutinised to ensure compliance with the statutory requirements. The dismissal of the application serves as a reminder to all parties involved in the negotiation and drafting of enterprise agreements to pay close attention to the specific provisions of the Fair Work Act. The final orders of the Commission included the dismissal of the applicant's application for approval of the MAW Building and Maintenance Pty Ltd Enterprise Agreement 2016, with the specific reasons for the dismissal being detailed in the written reasons provided by the Commission. This decision will likely influence future negotiations and the drafting of enterprise agreements in similar contexts.

MAW Building and Maintenance Pty Ltd as Trustee for the Wilson Family Trust T/A MAW Building and Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established