DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving
(AG2019/4328)

MCINNES EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the McInnes Earthmoving Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the McInnes Earthmoving Pty Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving (Employer). 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 3 December 2019. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving, the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question, the McInnes Earthmoving Pty Ltd Enterprise Agreement 2019, was submitted for assessment. This agreement aimed to regulate the terms and conditions of employment for employees within the company. The dispute arose from the need to ensure the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments.

The primary legal issues before the commission included whether the agreement provided for a fair and reasonable rate of pay, the appropriate classification of employees, and whether the agreement met the standards of procedural fairness. The commission had to ensure the agreement did not undermine the employees' rights and that it provided a just framework for the employment relationship. The secondary issue was whether the agreement included necessary provisions for redundancy and termination, and if it allowed for appropriate dispute resolution mechanisms.

After examining the submissions and evidence provided by the parties, the commission concluded that the agreement largely met the statutory requirements. The commission found that the proposed rates of pay were reasonable and that the classifications were fair and consistent with industry standards. The agreement included necessary provisions for redundancy and termination, and the dispute resolution mechanisms were deemed adequate. Consequently, the commission approved the agreement with minor modifications to address some procedural concerns. These modifications aimed to ensure greater clarity and fairness in the application of the agreement.

The final orders of the commission included the approval of the McInnes Earthmoving Pty Ltd Enterprise Agreement 2019 with the aforementioned modifications. The commission mandated that the company implement the agreed changes within a specified timeframe, ensuring compliance with the Fair Work Act and other relevant legislation. The approval of the agreement would now serve as a binding framework for the employment conditions of the company's employees.

McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established