DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCawley Construction Victoria Pty Ltd
(AG2019/3049)

MCCAWLEY CONSTRUCTION VICTORIA PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the McCawley Construction Victoria Pty Ltd & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the McCawley Construction Victoria Pty Ltd & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made by McCawley Construction Victoria Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 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 Australian Workers’ Union is 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 10 September 2019 and, in accordance with s.54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McCawley Construction Victoria Pty Ltd applied for approval of an agreement that it had entered into with The Australian Workers' Union. The Fair Work Commission heard the application and was required to determine whether the agreement was in the best interests of the employees covered by the agreement. The agreement proposed a number of changes to the employees' conditions of employment, including changes to pay rates and entitlements. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who argued that the agreement was not in the best interests of the employees and that it would undermine existing industrial arrangements.

The Commission found that the agreement was in the best interests of the employees, as it provided for improved pay and conditions compared to the existing arrangements. The Commission considered the views of the parties and the evidence presented, and found that the agreement was fair and reasonable. The Commission also noted that the agreement provided for a mechanism for resolving any disputes that may arise under the agreement, which was an important factor in favour of approving the agreement.

The Commission approved the agreement, subject to certain conditions. These conditions included a requirement that the agreement be reviewed after two years to ensure that it continued to be in the best interests of the employees. The CFMEU was granted leave to appeal the decision to the Federal Court.

The Commission approved the application for approval of the McCawley Construction Victoria Pty Ltd & The Australian Workers' Union Agreement 2019, subject to certain conditions. The CFMEU was granted leave to appeal the decision to the Federal Court.

McCawley Construction Victoria 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