McCosker Contracting Pty Ltd

[2024] FWCA 1910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCosker Contracting Pty Ltd

(AG2024/1496)

MCPL ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 27 MAY 2024

Application for approval of the MCPL Enterprise Agreement 2024

McCosker Contracting Pty Ltd has applied for approval of a single enterprise agreement known as the MCPL Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 3 June 2024. The nominal expiry date of the Agreement is 27 May 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McCosker Contracting Pty Ltd has applied for approval of its 2024 Enterprise Agreement, which it seeks to have made binding on employees within the transport and logistics industry. The application was heard in the Fair Work Commission, where the applicant argued that the agreement was fairly and appropriately negotiated, contained appropriate terms and conditions, and met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, whether the negotiation process was fair, and whether the agreement met all the necessary statutory requirements for approval.

The Commission found that the agreement was made in good faith and that the negotiation process was fair. The applicant had provided evidence of the negotiation process, including minutes of meetings, correspondence, and witness statements, which demonstrated that the agreement was negotiated in an appropriate manner. The Commission also found that the agreement met all the necessary statutory requirements for approval, including that it contained the minimum terms and conditions set out in the Fair Work Act and did not discriminate against any particular group of employees. The Commission approved the agreement and made the necessary orders to give effect to the agreement.

The Fair Work Commission approved the 2024 Enterprise Agreement between McCosker Contracting Pty Ltd and its employees. The Commission found that the agreement was made in good faith, that the negotiation process was fair, and that the agreement met all the necessary statutory requirements for approval. The Commission made the necessary orders to give effect to the agreement and bind the parties to its terms and conditions. The decision is a positive outcome for McCosker Contracting Pty Ltd and its employees, as it provides a clear framework for their working relationship and sets out the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established