McInnes Earthmoving Pty Ltd Summary

[2024] FWCA 969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McInnes Earthmoving Pty Ltd

(AG2024/463)

MCINNES EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 18 MARCH 2024

Application for approval of the McInnes Earthmoving Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the McInnes Earthmoving Pty Ltd Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the agreement.

Subject to 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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 30 - Compassionate Leave.

However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 18 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2024/463

Applicant:

McInnes Earthmoving Pty Ltd

Section 185 – Application for approval of a single enterprise agreement

Undertaking – Section 190

I, Andrew McInnes, Director, have the authority given to me by McInnes Earthmoving Pty Ltd to give the following undertakings with respect to the McInnes Earthmoving Pty Ltd Enterprise Agreement 2023 ("the Agreement"):

The definition of a continuous shift worker is as per Clause 2 of the Building and Construction General On-Site Award 2020.
Compassionate leave will be administered in accordance with the National Employment Standards.

This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

___________________________

Signature

12/03/2024
____________________________
Date

CaseChat Overview and Summary

The application for approval of the McInnes Earthmoving Pty Ltd Enterprise Agreement 2023 was heard in the Fair Work Commission. The parties involved were McInnes Earthmoving Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, which aimed to regulate employment relations between the employer and its employees.

The primary legal issues the court had to address were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion. The court needed to consider various aspects of the agreement, including the provisions on wages, working conditions, and dispute resolution mechanisms. Additionally, the court had to ensure that the agreement did not unfairly disadvantage any party and that it met the requirements for being a "better off overall test" (BOOT) agreement.

In delivering its decision, the court meticulously examined the agreement against the statutory requirements. The court found that the agreement was made in good faith and did not involve any form of coercion. It was noted that the terms provided a fair balance of rights and obligations between the employer and employees. The court also confirmed that the agreement satisfied the BOOT test, as it provided benefits to employees that outweighed any detriments. Based on this analysis, the court approved the agreement and issued the necessary orders for its implementation.

The final orders of the court mandated that the enterprise agreement be registered and that it come into effect from the date of the decision. The court also directed the employer and the union to take necessary steps to inform their respective members about the terms of the agreement. The decision was a significant step towards formalising the employment terms and ensuring a stable industrial relations environment for the parties involved.

McInnes Earthmoving Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established