McConnell Dowell Constructors (Aust) Pty Ltd

[2025] FWCA 124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd

(AG2024/5149)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD VICTORIAN RAIL ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 16 JANUARY 2025

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McConnell Dowell Constructors (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with McConnell Dowell Constructors (Aust) Pty Ltd in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

The undertakings relate to:

Definition of continuous shift worker

Consideration

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Rail, Tram and Bus Industry Union - Victorian Branch Union (RTBU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the RTBU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2024-2028. The matter was heard by Commissioner D. G. Buchanan, who was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The applicants, McConnell Dowell Constructors (Aust) Pty Ltd, sought the approval of the agreement which sets out the terms and conditions of employment for their employees. The primary dispute revolved around the compliance of the agreement with the relevant statutory provisions and whether it met the requirements for approval.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically focusing on the criteria for the approval of an enterprise agreement. The key issues included whether the agreement provided for a fair and reasonable method of determining employees' wages and conditions, whether it adhered to the good faith bargaining principles, and whether it was consistent with the provisions of the Act. The court also needed to consider the procedural fairness in the negotiation and drafting of the agreement.

Commissioner Buchanan examined the provisions of the agreement and the submissions made by both parties. The Commissioner found that the agreement contained provisions that met the statutory criteria for approval, including the establishment of a fair and reasonable method for determining wages and conditions. The Commissioner noted that the agreement reflected the outcomes of genuine and good faith bargaining between the parties. The Commissioner concluded that the agreement was consistent with the requirements of the Fair Work Act and was therefore approved. The decision was made in light of the evidence presented and the applicable legal standards.

The final orders included the approval of the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2024-2028, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to adhere to its terms and conditions. The Commissioner emphasised the importance of ongoing compliance with the Act and the need for continued good faith in the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established