DECISION

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

McMahon Services Australia Pty Ltd
(AG2015/2372)

MCMAHON SERVICES AUSTRALIA PTY LTD ADELAIDE CIVIL PROJECTS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 APRIL 2015

Application for approval of the McMahon Services Australia Pty Ltd Adelaide Civil Projects Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd Adelaide Civil Projects Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McMahon Services Australia Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2015. The nominal expiry date of the Agreement is 4 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves McMahon Services Australia Pty Ltd, an employer, and its employees, who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute pertains to the approval of the McMahon Services Australia Pty Ltd Adelaide Civil Projects Enterprise Agreement 2015. The matter was heard in the Fair Work Commission (FWC). The central legal issue before the FWC was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was made in good faith, was free from coercion, and contained the minimum entitlements specified by the relevant industrial instrument. The FWC also had to consider if the agreement was in the best interest of the employees.

The FWC reviewed the process by which the agreement was negotiated and concluded that it was made in good faith. The employer and the union had engaged in a thorough negotiation process, and the union had provided adequate representation to the employees. The FWC found that the agreement was free from coercion, as it was not imposed upon the employees but rather a result of negotiations. Moreover, the FWC determined that the agreement contained the minimum entitlements required by the Fair Work Act 2009 and other relevant industrial instruments. The FWC concluded that the agreement was in the best interest of the employees, as it provided them with improved wages, working conditions, and other benefits.

The FWC approved the McMahon Services Australia Pty Ltd Adelaide Civil Projects Enterprise Agreement 2015, finding it met all the necessary criteria. The employer and the union had engaged in good faith negotiations, and the agreement was free from coercion. Furthermore, the agreement contained the minimum entitlements required by law, and it was in the best interest of the employees. The FWC's decision ensures that the employees of McMahon Services Australia Pty Ltd are provided with fair wages, working conditions, and other benefits as outlined in the approved agreement.

McMahon Services Australia 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