DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mawson Constructions Pty
(AG2016/4416)

MAWSON CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 AUGUST 2016

Application for approval of the Mawson Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mawson Constructions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mawson Constructions 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 is approved and, in accordance with s.54 of the Act, will operate from 6 September 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mawson Constructions Pty Ltd applied for the approval of the Mawson Constructions Pty Ltd Enterprise Agreement 2015. The applicant, a construction company, sought to have the agreement approved under section 230 of the Fair Work Act 2009. The dispute involved the terms of the proposed agreement, which aimed to govern the employment conditions of the company's workers. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the agreement had been made in accordance with the statutory requirements, including whether it was a "better off overall test" agreement, whether it contained all the mandatory terms prescribed by the Fair Work Act, and whether the agreement had been made without the influence of any prohibited conduct. Additionally, the Commission had to assess whether the agreement provided for a fair and reasonable resolution of the parties' interests and disputes.

The Commission found that the agreement satisfied all the necessary statutory requirements. It confirmed that the agreement had been made without any influence of prohibited conduct and that it met the "better off overall test." The Commission also confirmed that the agreement contained all the mandatory terms prescribed by the Fair Work Act and provided for a fair and reasonable resolution of the parties' interests and disputes. Therefore, the Commission approved the Mawson Constructions Pty Ltd Enterprise Agreement 2015.

The Commission approved the Mawson Constructions Pty Ltd Enterprise Agreement 2015, subject to certain conditions. The approval was effective from the date of the decision and was to remain in force until it was terminated in accordance with the agreement or by operation of law. The approval was also subject to the right of any employee or employer to apply to the Commission for a review of the agreement under section 233 of the Fair Work Act.

Mawson Constructions Pty

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established