DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd and Obrascon Huarte Lain S.A Pty Ltd
(AG2015/2968)

MCD AND OHL K2K ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2015

Application for approval of the MCD and OHL K2K Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MCD and OHL K2K Enterprise Agreement 2014 (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 and Obrascon Huarte Lain S.A Pty Ltd. The Agreement is a single enterprise agreement, as the employers are involved in a joint venture.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 17 June 2015 and, in accordance with s.54 of the Act, will operate from 24 June 2015. The nominal expiry date of the Agreement is 17 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, McConnell Dowell Constructors (Aust) Pty Ltd and Obrascon Huarte Lain S.A Pty Ltd applied for the approval of the MCD and OHL K2K Enterprise Agreement 2014. The parties are employers in the construction industry, and the dispute pertains to the terms and conditions of employment set forth in the proposed agreement. The Fair Work Commission was asked to determine whether the agreement should be approved under the Fair Work Act 2009.

The court needed to decide if the agreement met the requirements for approval under section 233 of the Act. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms, whether it was in the best interests of the employees, and whether it complied with any relevant national employment standards. Additionally, the court needed to assess if the agreement had been made in good faith and whether the necessary consultation processes had been followed.

The court found that the agreement was fair and reasonable, providing for terms that were equitable for both the employers and the employees. The agreement was deemed to be in the best interests of the employees, as it offered protections and benefits that aligned with industry standards. The court also confirmed that the agreement complied with all relevant national employment standards and was made in good faith. The necessary consultation processes had been adequately followed, ensuring that the employees had an opportunity to voice their opinions on the agreement. As a result, the court approved the MCD and OHL K2K Enterprise Agreement 2014.

The final orders of the court included the approval of the MCD and OHL K2K Enterprise Agreement 2014, which would now govern the employment terms and conditions for the employees of the two companies. The agreement was to be registered with the Fair Work Commission, and the parties were directed to implement the terms as set out in the approved agreement.

McConnell Dowell Constructors (Aust) Pty Ltd and Obrascon Huarte Lain S.A 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