DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell
(AG2017/3498)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD NATIONAL RAIL ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 31 AUGUST 2017

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd National Rail Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd National Rail Enterprise Agreement 2017-2020 (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 T/A McConnell Dowell. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McConnell Dowell Constructors (Aust) Pty Ltd, trading as McConnell Dowell, applied to the Fair Work Commission (FWC) for the approval of the McConnell Dowell Constructors (Aust) Pty Ltd National Rail Agreement 2017-2020. The applicant sought to establish a new enterprise agreement that would govern the employment conditions of its employees involved in national rail projects. The application was made under the Fair Work Act 2009, which mandates that certain agreements must be approved by the FWC before they can be enforced.

The central legal issue before the FWC was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC needed to determine if the agreement contained all the necessary minimum terms and conditions, provided adequate protections for employees, and was made in good faith. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party that could potentially affect the employees' conditions.

The FWC carefully reviewed the terms of the proposed agreement and found that it included all the required minimum terms and conditions as outlined in the Fair Work Act. The FWC was satisfied that the agreement provided adequate protections for employees and that it had been made in good faith. The FWC took into account the complexity and nature of the work involved in national rail projects, as well as the specific needs of the parties. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

In approving the agreement, the FWC emphasised the importance of ensuring that employees in the rail industry have fair and reasonable employment conditions. The FWC noted that the agreement provided a fair balance of rights and obligations between the parties, and that it would promote stability and productivity in the industry. The FWC's decision sets an important precedent for future enterprise agreements in the rail industry, and provides guidance for other employers and employees in the sector.

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