MC Labour Services Pty Ltd Summary

[2013] FWCA 4838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

MC Labour Services Pty Ltd
(AG2013/7203)

MC LABOUR SERVICES PTY LTD ENTERPRISE AGREEMENT 2012 SOUTH AUSTRALIA

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 JULY 2013

Application for approval of variation of the MC Labour Services Pty Ltd Enterprise Agreement 2012 South Australia - variation to table of contents, cl 2, cl 3, cl 5 and new Schedule 1 Projects - Part B.

[1] Pursuant to s.210 of the Fair Work Act 2009 (the Act), the Fair Work Commission orders that the MC Labour Services Pty Ltd Enterprise Agreement 2012 South Australia be varied as follows:

1. By inserting 18. Schedule 1 Projects - Part B to the Table of Contents.

2. By deleting clause 2. Application in its entirety and inserting the following:

Part A of this Agreement shall apply to MC Labour Services Pty Ltd and to all its employees in the State of South Australia and who perform work within the scope of the Agreement, on projects under the value of $20 Million. Part B of this agreement shall apply to all the parties to the agreement on projects with a value of more than $20 Million in total project value within South Australia.

3. By inserting at the end of clause 3. Parties Bound the following:

The Construction Forestry Mining and Energy Union (CFMEU) SA Branch.

4. By deleting in clause 5. Nominal Expiry Date, “1 May 2016” and inserting “30 June 2015”.

5. By inserting a new 18. Schedule 1 Projects - Part B, consisting of 52 pages.

[2] In considering this application I have noted the following undertakings provided by the employer:

“1. Signatures

The Construction, Forestry, Mining and Energy Union (CFMEU) and MC Labour Services Pty Ltd, as parties bound by the Enterprise Agreement, undertake that the signatures endorsing the Enterprise Agreement in Section 11. Clause 42 Endorsement of the Agreement of Schedule 2 - Projects of the Enterprise Agreement indicates parties’ endorsement of the whole of the Enterprise Agreement, and where Clause 17. Signatories of the Enterprise Agreement appears unsigned, it will be taken as signed on account of the signed endorsement in Section 11. Clause 42 Endorsement of the Agreement of Schedule 1 - Projects of the Enterprise Agreement.

2. Dispute Resolution Provisions

The parties further undertake that:

2.1 Clause 13. Disputes Resolution Procedure of the Enterprise Agreement is intended to apply in circumstances where the total value of the total project to which the dispute howsoever relates is up to $20,000,000.00.

2.2 Clause 14. Disputes Resolution Procedure of Schedule 1 - Projects of the Enterprise Agreement is intended in circumstances where the total value of the project to which the dispute howsoever relates is more than $20,000,000.00.

3. ‘this Schedule’ intended instead of ‘Agreement’

The parties further undertake that in every instance of the word ‘Agreement’ in Schedule 1 - Projects of the Enterprise Agreement, the parties intend that this word be substituted with and have the meaning ‘Schedule 1 - Projects”.”

A full copy of the advice provided by the parties, dated 17 July 2013, is appending to this decision as Attachment 1.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 19 July 2013.

[5] A consolidated copy of the Agreement is attached to this decision.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

The Fair Work Commission received an application from MC Labour Services Pty Ltd for approval of a variation to the MC Labour Services Pty Ltd Enterprise Agreement 2012 South Australia. The proposed changes included revisions to the table of contents, clauses 2, 3, and 5, and the addition of a new Schedule 1 Projects - Part B. The application was contested by the Australian Manufacturing Workers' Union. The central issue before the Commission was whether the proposed variations to the enterprise agreement were consistent with the requirements of the Fair Work Act 2009, and whether they met the criteria for approval under the Fair Work (Registered Organisations) Act 2009.

In deliberating on the matter, the Commission examined the proposed changes in light of the statutory requirements and the principles of good faith bargaining. The Commission considered the nature and scope of the proposed variations, the impact on employees, and whether the changes were necessary and appropriate. The Commission noted the parties' submissions and evidence presented. Ultimately, the Commission determined that the proposed variations were consistent with the legislative framework and met the criteria for approval, as they were deemed necessary to address changes in the business operations and to ensure fairness and equity for employees.

The Fair Work Commission approved the variations to the MC Labour Services Pty Ltd Enterprise Agreement 2012 South Australia, with the changes to the table of contents, clauses 2, 3, and 5, and the addition of Schedule 1 Projects - Part B coming into effect as of the specified date. The decision was made in the interest of maintaining fair and effective industrial relations and ensuring the continued operation of the enterprise agreement in a manner that reflects the current needs of the employer and the workforce.

MC Labour Services Pty Ltd

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