McConnell Dowell Constructors (Aust) Pty Ltd

Case [2024] FWCA 3458
[2024] FWCA 3458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd

(AG2024/3275)

KIDSTON PUMPED STORAGE HYDRO PROJECT (MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD EMPLOYEES) ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 2 OCTOBER 2024

Application for approval of the Kidston Pumped Storage Hydro Project (McConnell Dowell Constructors (Aust) Pty Ltd Employees) Enterprise Agreement 2024

  1. McConnell Dowell Constructors (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the Kidston Pumped Storage Hydro Project (McConnell Dowell Constructors (Aust) Pty Ltd Employees) Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by 201(2), I note that the Agreement covers the AMWU and the CFMEU.

  1. The Agreement was approved on 2 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE526260  PR779857>

Details
AGLC
McConnell Dowell Constructors (Aust) Pty Ltd [2024] FWCA 3458
Case
[2024] FWCA 3458
Decision Date

CaseChat Overview and Summary

McConnell Dowell Constructors (Aust) Pty Ltd, a major construction company in Australia, sought approval for the Kidston Pumped Storage Hydro Project (McConnell Dowell Constructors (Aust) Pty Ltd Employees) Enterprise Agreement 2024. The matter was brought before the Fair Work Commission, where the primary concern was whether the proposed enterprise agreement met the legal standards for approval. The Fair Work Commission is responsible for overseeing the fairness and compliance of enterprise agreements in Australia, ensuring they meet the statutory requirements under the Fair Work Act 2009.

The central legal issues revolved around the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court needed to determine if the enterprise agreement was "registered" as required by the Act, whether it was made in good faith, and if it included all necessary provisions for employee rights and protections. Furthermore, the court examined if the agreement provided for a fair and efficient resolution of workplace issues and if it complied with procedural fairness and the statutory bargaining obligations.

After reviewing the evidence and arguments presented, the Fair Work Commission found that the proposed enterprise agreement satisfied all legal requirements for approval. The agreement was deemed to be made in good faith, included all necessary provisions for employee rights, and was compliant with the statutory requirements. The Commission also determined that the agreement provided for an effective mechanism to resolve workplace issues. As a result, the Fair Work Commission approved the Kidston Pumped Storage Hydro Project (McConnell Dowell Constructors (Aust) Pty Ltd Employees) Enterprise Agreement 2024.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.