McCosker Contracting Pty Ltd

[2014] FWCA 327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McCosker Contracting Pty Ltd
(AG2013/12182)

MCPL ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 JANUARY 2014

Application for approval of the MCPL Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 December 2013 by McCosker Contracting Pty Ltd for the approval of a single-enterprise agreement known as the MCPL Enterprise Agreement (“the Agreement”).

[2] On 13 January 2014 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McCosker Contracting Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, McCosker Contracting, sought to enter into a new agreement with its employees, aiming to regulate various aspects of employment including wages, hours, and conditions of work. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements be approved by the Fair Work Commission if they are to be legally binding.

The legal issues the court needed to address included whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the court examined whether the agreement was made in good faith and whether the necessary bargaining processes were followed. Substantively, the court assessed whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the 'better off overall test', which ensures that employees are no worse off financially by being under the new agreement than they would be under the previous award or agreement.

The Fair Work Commission, after considering the evidence and submissions, found that the agreement was made in good faith and complied with the necessary procedural requirements. It further found that the agreement met the substantive requirements, providing fair and reasonable terms and conditions of employment, and that it satisfied the better off overall test. Consequently, the Commission approved the application for the enterprise agreement to be registered, thereby making it legally binding on the parties involved.

The final orders included the registration of the McCosker Contracting Pty Ltd Enterprise Agreement, effective from the date of the decision, and mandated its binding nature for the employees and the employer as per the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established