| [2025] FWCA 848 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MC Labour Services Pty Ltd
(AG2025/301)
AMWU & MC LABOUR SERVIVES PTY LTD METAL AND ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 – 2026
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 7 MARCH 2025 |
Application for approval of the AMWU & MC Labour Services Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026
An application has been made for approval of a greenfields agreement known as the AMWU & MC LABOUR SERVIVES PTY LTD Metal and Engineering On-Site Construction Agreement 2023 – 2026 (Agreement). The application was made by MC Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).
The Agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A and Annexure B. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2025. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE528285 PR785034>
Annexure A
Annexure B
- AGLC
- MC Labour Services Pty Ltd [2025] FWCA 848
- Case
- [2025] FWCA 848
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the FWC were whether the terms and conditions of the proposed agreement were fair and reasonable and whether the agreement complied with the requirements of the Fair Work Act 2009. The FWC needed to ensure that the agreement was not contrary to public interest, did not undermine the protections provided by the Act, and provided for the fair and equitable resolution of workplace issues.
The FWC examined the proposed agreement's provisions and considered submissions from both parties. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs and interests of both employees and employers. The FWC found that the agreement did not undermine the protections provided by the Act and was in the public interest. Consequently, the FWC approved the Metal & Engineering On-Site Construction Agreement 2023 - 2026, effective from 1 July 2023.
The FWC's final order was the approval of the Metal & Engineering On-Site Construction Agreement 2023 - 2026, which was to be registered with the Fair Work Ombudsman. The agreement would govern the terms and conditions of employment for workers in the metal and engineering on-site construction industry for the period of 2023 to 2026.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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