DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MC Labour Services
(AG2015/2031)

MC LABOUR SERVICES AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 6 MARCH 2015

Application for approval of the MC LABOUR SERVICES and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MC Labour Services and AMWU Metal Engineering On-Site Construction 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 MC Labour Services. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of MC Labour Services, the Fair Work Commission was asked to approve the MC LABOUR SERVICES and AMWU Metal Engineering On-Site Construction Agreement 2014. This agreement, which governs the employment terms of metal engineering workers in the on-site construction industry, was submitted for consideration under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) and MC Labour Services jointly proposed this agreement, seeking its formal approval to ensure it could be applied as a registered instrument governing employment conditions.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for registration under the Fair Work Act, including whether it was a genuine agreement, whether it provided for the resolution of genuine issues, and whether it was in the best interests of the employees it covered. The Commission had to scrutinise the agreement to ensure it complied with the legislative requirements and did not contain any provisions that were contrary to public policy or detrimental to the workforce.

In its decision, the Commission found that the agreement satisfied all necessary criteria. It was determined to be a genuine agreement, made freely without any duress or undue influence. The agreement provided for the fair resolution of issues between the employer and employees and was deemed to be in the best interests of the workers. The Commission also noted the comprehensive nature of the agreement, which covered various employment aspects including wages, hours of work, and dispute resolution mechanisms. The agreement was thus approved and registered, allowing it to serve as a binding employment contract for the parties involved.

As a result of the Commission's approval, the MC LABOUR SERVICES and AMWU Metal Engineering On-Site Construction Agreement 2014 was registered and became effective. This decision ensured that the agreement would provide a stable and legally recognised framework for the employment conditions of metal engineering workers in the on-site construction industry, promoting fair and consistent application of the terms agreed upon by the employer and the union.

MC Labour Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established