DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2020/3274)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD VICTORIAN RAIL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 NOVEMBER 2020

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2020

[1] McConnell Dowell Constructors (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Rail Tram and Bus Industry Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 November 2020 and, in accordance with s 54, will operate from 23 November 2020. The nominal expiry date of the Agreement is 28 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McConnell Dowell Constructors (Aust) Pty Ltd, along with the Rail, Tram and Bus Union, applied to the Fair Work Commission for approval of the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2020. The dispute involved the terms of the proposed agreement, including pay rates, working conditions, and dispute resolution mechanisms, among other provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Fair Work Commission were whether the proposed agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act. The Commission considered the procedural fairness of the agreement-making process, the content of the agreement, and whether it provided for the proper protection of employee interests. Furthermore, the Commission assessed whether the agreement met the requirements for registration and whether any provisions were contrary to public policy or contrary to the objects of the Act.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement made in good faith and met the requirements of the Fair Work Act. The Commission noted that the agreement-making process was procedurally fair, with adequate consultation between the parties. The content of the agreement was also found to be compliant with the Act, providing for the proper protection of employee interests and meeting the necessary standards for registration. The Commission further determined that none of the provisions were contrary to public policy or the objects of the Act.

Accordingly, the Fair Work Commission approved the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2020 and registered it under the Fair Work Act. The approval ensures that the agreement will govern the employment terms and conditions of the employees covered by the agreement, providing a framework for the relationship between the employer and the employees.

McConnell Dowell Constructors (Aust) 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