McConnell Dowell Constructors (Aust) Pty Ltd

[2013] FWCA 4781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2013/1549)

MELBOURNE AIRPORT GREENFIELDS SITE SPECIFIC AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 JULY 2013

Application for variation of the Melbourne Airport Greenfields Site Specific Agreement 2011-2014 - agreement varied.

[1] An application has been made for approval of a variation of the Melbourne Airport Greenfields Site Specific Agreement 2011-2014 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by McConnell Dowell Constructors (Aust) Pty Ltd.

[2] The application was made within 14 days after the variation was made and was accompanied by a signed copy of the variation, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).

[3] Both the signed copy of the variation and the copy of the agreement initially provided did not include the addresses of the signatories as required under regulation 2.09A of the Fair Work Regulations 2009. These were provided to chambers on 27 June 2013.

[4] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval have now been met.

[5] Evidence of compliance with the statutory requirements for variation of the agreement within s.211 of the Act was provided by way of the Employer’s Declaration (Form F23A) and confirmed by the Construction, Forestry, Mining and Energy Union, which is covered by the agreement, in the Declaration of Employee Organisation (Form F23B) for support of the approval of the variation of the agreement.

[6] The application is approved and a copy of the document entitled Variation to Melbourne Airport Greenfields Site Specific Agreement 2011-2014 is at Attachment A and the consolidated copy of the agreement, as varied, is attached to this decision.

[7] Pursuant with s.216 of the Act the variation will come into force from 18 July 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The parties involved in this case were McConnell Dowell Constructors (Aust) Pty Ltd and the Airport Joint Authorities. The dispute arose out of an application by McConnell Dowell to vary the Melbourne Airport Greenfields Site Specific Agreement for the period 2011-2014. This case was heard by the Fair Work Commission of Australia. The key legal issues the court had to address included whether the application for variation was within the scope of the existing agreement, whether there were any grounds to reject the application, and if the proposed variation was in the best interest of all parties involved.

The court's reasoning was based on the interpretation of the original agreement and the principles of good faith bargaining. It was determined that the application for variation was within the scope of the existing agreement, as the changes proposed by McConnell Dowell were consistent with the terms and objectives outlined in the original contract. The court also found that there were no grounds to reject the application outright, as the proposed changes did not violate any terms or conditions of the agreement. Furthermore, the court concluded that the variation was in the best interest of all parties involved, as it would facilitate the completion of the project in a timely and efficient manner.

Based on the above findings, the court granted the application for variation of the Melbourne Airport Greenfields Site Specific Agreement 2011-2014. The variation allowed McConnell Dowell to proceed with the proposed changes, ensuring that the project would be completed in a manner consistent with the original agreement and the interests of all parties involved. The final orders of the court were that the variation be implemented as per the terms outlined in the application, and that both parties adhere to the new terms and conditions as set out in the amended agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established