DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McLennan Earthmoving Pty Ltd
(AG2015/3865)

MCLENNAN EARTHMOVING PTY LIMITED ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 SEPTEMBER 2015

Application for approval of the McLennan Earthmoving Pty Limited Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the McLennan Earthmoving Pty Limited Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McLennan Earthmoving Pty Limited (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 28 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 4 September 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The applicant, McLennan Earthmoving Pty Ltd, sought approval of an enterprise agreement covering its employees for the period 2015-2019. The application was brought before the Fair Work Commission, which is tasked with approving, rejecting, or varying enterprise agreements under the Fair Work Act 2009. The applicant argued that the proposed agreement was in the interests of the employees and that it complied with the relevant legislative requirements. The Commission's role was to assess whether the agreement met the criteria set out in the Act, particularly whether it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the proposed agreement met the good faith bargaining requirement, if it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. The Commission considered whether the agreement was the product of genuine bargaining between the parties, whether it contained terms and conditions that were fair and reasonable, and whether the agreement was certified by an independent certifier. The Commission also examined whether the agreement complied with the procedural requirements set out in the Fair Work Act.

The Commission found that the applicant had demonstrated that the agreement was the product of genuine bargaining and that it contained terms and conditions that were fair and reasonable. The Commission also found that the agreement complied with the procedural requirements for approval. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions, taking into account the nature of the business and the interests of both the employer and the employees. The Commission concluded that the agreement met the criteria for approval and was in the best interests of the employees.

The Commission approved the McLennan Earthmoving Pty Ltd Enterprise Agreement 2015-2019, and it came into effect on 1 July 2015. The Commission's decision was based on its finding that the agreement was the product of genuine bargaining, provided for fair and reasonable terms and conditions, and complied with the procedural requirements for approval. The agreement now governs the employment of the applicant's employees for the period specified.

McLennan Earthmoving 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