DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McAfee Plastering and Spraying Pty Ltd
(AG2016/6455)

MCAFEE PLASTERING AND SPRAYING PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the McAfee Plastering and Spraying Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the McAfee Plastering and Spraying Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McAfee Plastering and Spraying Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by McAfee Plastering and Spraying Pty Ltd for the approval of the McAfee Plastering and Spraying Pty Ltd Enterprise Agreement 2016 - 2020. The dispute was heard in the Fair Work Commission of Australia. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith.

The Commission considered the submissions from both the employer and the employees' representatives. The employer argued that the agreement was fair and reasonable, meeting all the necessary requirements. Conversely, the employees' representatives contended that certain clauses were unfair and did not adequately protect employees' rights. The Commission assessed the provisions of the agreement, focusing on whether they complied with the criteria outlined in the Fair Work Act. It examined the balance of rights and obligations, the process of bargaining, and the overall fairness of the agreement.

The Commission concluded that the agreement did meet the statutory requirements for approval. It found that the bargaining process was conducted in good faith, and the terms and conditions were fair and reasonable. The Commission highlighted that the agreement provided adequate protections for employees and balanced the interests of both parties. Based on this, the Commission approved the enterprise agreement. The decision underscored the importance of ensuring that enterprise agreements meet the legal standards set by the Fair Work Act.

The final orders of the Commission were that the McAfee Plastering and Spraying Pty Ltd Enterprise Agreement 2016 - 2020 be approved as a registered agreement. The agreement was to be registered on the Australian Industrial Registry, and the approval would be effective from the date of the decision. The parties were directed to comply with the terms of the agreement as approved.

McAfee Plastering and Spraying Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established