DECISION

Fair Work Act 2009
s.210—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell
(AG2017/4008)

MCD ENTERPRISE AGREEMENT QUEENSLAND AND NORTHERN TERRITORY 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 OCTOBER 2017

Application for variation of the MCD Enterprise Agreement Queensland and Northern Territory 2015.

[1] An application has been made for approval of a variation to the MCD Enterprise Agreement Queensland and Northern Territory 2015 (the Agreement). The application was made by McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 31 July 2015. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 16 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), applied for a variation of the MCD Enterprise Agreement Queensland and Northern Territory 2015. The application was brought by the union on behalf of its members employed by the applicant, McConnell Dowell Constructors (Aust) Pty Ltd, trading as McConnell Dowell.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were consistent with the principles of enterprise bargaining as set out in the Fair Work Act 2009. The application sought alterations to various clauses of the agreement, including those related to wages, working conditions, and employee entitlements. The Commission needed to assess whether these changes met the requirements for a lawful and fair agreement under Australian labour law.

The Commission examined the evidence and submissions presented by both parties, considering the economic context, industry standards, and the impact of the proposed changes on employees and the employer. The Commission concluded that the proposed changes were reasonable and in line with the principles of enterprise bargaining. The changes were intended to address specific operational needs of the company while maintaining fair treatment for employees. The Commission determined that the modifications did not undermine the fundamental rights and protections afforded to employees under the Act.

The Fair Work Commission approved the variation of the MCD Enterprise Agreement Queensland and Northern Territory 2015 as applied for by the union. The changes, which included amendments to wages, working conditions, and employee entitlements, were deemed to be in compliance with the Fair Work Act 2009. The decision reflects a balanced approach, recognising the need for flexibility in enterprise agreements while ensuring that the rights and interests of employees are protected.

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established