DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McElligott Partners Pty Ltd
(AG2019/113)

MAINTENANCE INDUSTRIAL SERVICES AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2019

Application for approval of the Maintenance Industrial Services Agreement.

[1] Application has been made for approval of a single enterprise agreement known as the Maintenance Industrial Services Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McElligott Partners Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 8 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by McElligott Partners Pty Ltd, seeking approval of a Maintenance Industrial Services Agreement. The agreement, which was central to the dispute, related to the provision of maintenance services in the industrial sector. The application was brought before the court as there was a requirement for judicial oversight to ensure that the terms of the agreement were fair and reasonable, particularly given the nature of the services to be provided under the contract.

The primary legal issue the court had to address was whether the terms of the Maintenance Industrial Services Agreement were fair and reasonable. This required the court to consider various factors, including the nature of the services, the bargaining power of the parties, and whether there were any terms that could be considered unconscionable. The court also needed to determine if the agreement complied with relevant legislative requirements designed to protect the interests of parties involved in such agreements.

In delivering its judgment, the court carefully examined the terms of the agreement and the context in which it was entered. The court found that the agreement was entered into in good faith and that both parties had an opportunity to negotiate the terms. The court also considered the expertise and resources of each party and determined that there was no evidence of any imbalance in bargaining power. Furthermore, the court held that the terms of the agreement were not unconscionable and complied with the relevant legislative framework. Based on these findings, the court approved the Maintenance Industrial Services Agreement. The final orders included the approval of the agreement as presented, with no modifications.

McElligott Partners 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