[2015] FWCA 598

The attached document replaces the document previously issued on 22 January 2015.

The document has been amended to include the relevant codes.

Associate to Deputy President Smith

23 January 2015

[2015] FWCA 598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving
(AG2014/10319)

MCLNNES EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the McInnes Earthmoving Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McInnes Earthmoving Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of 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.

[3] As noted, pursuant to s.190(3), I have accepted undertaking from McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the recent decision of McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving, the Fair Work Commission (FWC) was tasked with determining whether to approve the McInnes Earthmoving Pty Ltd Enterprise Agreement 2014. The application for approval was brought by the employer, and the agreement was to apply to employees who are classified as employees under the Heavy Vehicle Mechanics and Service Technicians Award [No. 1] 2010. The primary dispute centred around the specific terms and conditions outlined in the proposed agreement, with particular focus on whether these terms met the requirements of the Fair Work Act 2009.

The central legal issues before the FWC were whether the terms of the proposed enterprise agreement were genuinely bargained, whether they complied with the procedural requirements of the Fair Work Act, and whether they met the ‘better off overall test’. This test ensures that employees are not worse off financially as a result of the agreement. The employer argued that the agreement was a fair reflection of the terms negotiated between the parties, while the union contended that certain terms did not adequately protect the employees' rights and interests.

In its reasoning, the FWC carefully examined the evidence presented regarding the bargaining process, concluding that the agreement was genuinely negotiated. The FWC also found that the agreement complied with the procedural requirements set out in the Act. The better off overall test was particularly scrutinised, and the FWC concluded that, overall, the employees would not be worse off under the new agreement. The FWC acknowledged the minor reductions in certain allowances but found that these were offset by other benefits, including increased wages.

Following this determination, the FWC approved the McInnes Earthmoving Pty Ltd Enterprise Agreement 2014, affirming that the agreement was fair and met all legislative requirements. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

McInnes Earthmoving Pty Ltd T/A McInnes Earthmoving

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established