DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mcllwain Civil Engineering Pty Ltd
(AG2016/4231)

MCLLWAIN CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Mcllwain Civil Engineering Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mcllwain Civil Engineering Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mcllwain 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2016. The nominal expiry date of the Agreement is 14 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

Mcllwain Civil Engineering Pty Ltd, a civil construction company, applied for the approval of its 2016 enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has jurisdiction over such matters. The applicant argued that the agreement met the requirements of the Act, including the "better off overall test," which mandates that employees should not be worse off financially by being subject to the agreement.

The legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements and whether it passed the better off overall test. The latter required a comparison of the agreement's terms and conditions with those provided by the relevant award or safety net. The Commission had to ensure that the agreement did not disadvantage employees in terms of pay, allowances, or other entitlements.

In reaching its decision, the Commission considered the submissions from both the applicant and the objectors, who argued that the agreement was not in the best interests of the employees. After examining the evidence, the Commission found that the agreement met the statutory requirements and passed the better off overall test. The Commission concluded that the agreement provided employees with improved terms and conditions compared to the relevant award, thus satisfying the legislative criteria.

The Fair Work Commission approved the Mcllwain Civil Engineering Pty Ltd Enterprise Agreement 2016. The approval was based on the finding that the agreement met all statutory requirements and that employees would not be worse off financially under the agreement compared to the relevant award. This decision confirms the agreement's validity and enforceability, ensuring that it can be implemented as intended by the parties involved.

Mcllwain Civil Engineering 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