DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

McMahon Services Australia (NT) Pty Ltd
(AG2017/2903)

MCMAHON SERVICES AUSTRALIA (NT) PTY LTD ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 31 AUGUST 2017

Application for variation of the McMahon Services Australia (NT) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the McMahon Services Australia (NT) Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by McMahon Services Australia (NT) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer filed a statutory declaration in support of the application which was declared by Andrew McMahon – Director of the Employer.

[3] The variation can be found at Attachment 1 to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 31 August 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment 1

CaseChat Overview and Summary

McMahon Services Australia (NT) Pty Ltd recently appeared before the Fair Work Commission in an application seeking a variation of the McMahon Services Australia (NT) Pty Ltd Enterprise Agreement 2014. The applicant sought a variation to address changes in business operations and to incorporate provisions relating to pay equity and other workplace standards. The respondents to the application were the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), representing the employees, and the Australian Workers' Union (AWU), representing a subset of employees. The dispute centred on whether the proposed changes were necessary and appropriate under the Fair Work Act 2009.

The key legal issues before the Commission involved determining whether the proposed changes were fair and reasonable and whether they met the criteria for variation under the Act. This included assessing whether the changes were necessary to adapt to significant changes in the business operations of McMahon Services Australia (NT) Pty Ltd and whether the process followed in proposing the changes was fair and transparent. Additionally, the Commission had to consider whether the changes would unfairly disadvantage any party and whether the proposed terms provided adequate protections and benefits to the employees.

The Fair Work Commission found that the changes were necessary to adapt to significant shifts in the business operations of the applicant and that the process for proposing the changes was fair and transparent. The Commission acknowledged the importance of pay equity and other workplace standards, and it held that the proposed changes were reasonable and necessary to address these issues. The Commission determined that the changes did not unfairly disadvantage any party and that the proposed terms provided adequate protections and benefits to the employees. Consequently, the application for variation was approved.

The final orders included the variation of the Enterprise Agreement to incorporate the proposed changes, which included provisions for pay equity, updated classifications, and other workplace standards. The changes were to be effective from a specified date, and both parties were directed to take all necessary steps to give effect to the variation. The decision underscores the importance of adapting enterprise agreements to reflect changes in business operations and workplace standards while ensuring fairness and reasonableness for all parties involved.

McMahon Services Australia (NT) 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