DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCA Engineering Pty Ltd T/A MCA Engineering
(AG2019/2788)

MCA ENGINEERING PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 AUGUST 2019

Application for approval of the MCA Engineering Pty Ltd Civil Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MCA Engineering Pty Ltd Civil Construction Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is 29 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MCA Engineering Pty Ltd, trading as MCA Engineering, applied for approval of the MCA Engineering Pty Ltd Civil Construction Enterprise Agreement 2019. The applicant is a civil engineering company, and the dispute involved the terms and conditions of employment for its workers. The company sought to implement an enterprise agreement that would cover its employees, who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU did not oppose the application, but the Australian Building and Construction Commission (ABCC) raised objections on the grounds that certain provisions of the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the inclusion of certain terms and conditions that the ABCC argued were not consistent with the objectives of the Act. The Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it included appropriate mechanisms for resolving disputes and addressing workplace issues. The Commission also had to determine whether the agreement met the requirements for certification, including whether it provided for a minimum rate of pay and reasonable working conditions.

The Commission found that the agreement was consistent with the objectives of the Fair Work Act and provided for a fair and efficient workplace. The Commission noted that the agreement included provisions for resolving disputes and addressing workplace issues, and that it provided for a minimum rate of pay and reasonable working conditions. The Commission was satisfied that the agreement met the requirements for certification, and accordingly approved the agreement. The Commission rejected the objections raised by the ABCC, finding that the provisions of the agreement that were challenged were not inconsistent with the objectives of the Act.

The Commission certified the MCA Engineering Pty Ltd Civil Construction Enterprise Agreement 2019 as a registered agreement under the Fair Work Act. The agreement will apply to employees of the company who are members of the CFMEU, and will provide for their terms and conditions of employment. The Commission's decision is final and binding, and cannot be appealed.

MCA Engineering Pty Ltd T/A MCA Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established