DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McIlwain Civil Engineering Pty Ltd
(AG2021/4604)

MCILWAIN CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 APRIL 2021

Application for approval of the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McIlwain Civil Engineering Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2021. The nominal expiry date of the Agreement is 28 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, McIlwain Civil Engineering Pty Ltd, sought approval of an Enterprise Agreement for its employees, pursuant to section 232 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which is Australia's national workplace relations tribunal. The dispute centred on whether the proposed agreement complied with the legislative requirements for the approval of enterprise agreements, particularly whether the agreement contained appropriate provisions regarding the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement satisfied the criteria set out in section 230 of the Fair Work Act. This involved assessing whether the agreement had been made in accordance with the mandatory bargaining processes, whether it was free from any illegality, and whether it provided for appropriate minimum terms and conditions of employment. Additionally, the Commission had to consider whether the agreement provided sufficient protections for vulnerable employees and whether it contained adequate dispute resolution mechanisms.

The Fair Work Commission, after considering the submissions and evidence presented by both parties, concluded that the proposed Enterprise Agreement did meet the statutory requirements. The Commission found that the agreement was made following proper bargaining processes, contained no illegal provisions, and provided for the minimum terms and conditions as stipulated in the Act. The Commission also determined that the agreement included appropriate protections for vulnerable employees and contained adequate provisions for dispute resolution. As such, the Commission approved the agreement under section 232 of the Fair Work Act.

The final orders of the Fair Work Commission were that the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2021 be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Commission and would apply to the employees covered by the agreement, as defined in the agreement itself. The decision also included provisions for the ongoing monitoring and enforcement of the agreement by the Fair Work Commission.

McIlwain Civil Engineering Pty Ltd

DECISION

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