McMahon Services Australia Pty Ltd Summary

[2013] FWCA 10184

FAIR WORK COMMISSION

DECISION

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

McMahon Services Australia Pty Ltd
(AG2013/11996)

MCMAHON SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 DECEMBER 2013

Application for approval of the McMahon Services Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd Enterprise Agreement 2013 (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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McMahon Services Australia Pty Ltd recently sought approval for its Enterprise Agreement 2013. The dispute involved the Fair Work Commission's (FWC) assessment of whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement complied with the procedural requirements and if it provided fair and reasonable terms for the employees covered by the agreement.

The legal issues before the FWC centred around the compliance of the agreement with the statutory requirements set forth in the Fair Work Act 2009. Specifically, the FWC had to ascertain whether the agreement was genuinely negotiated, if it complied with the procedural fairness standards, and if it provided fair and reasonable terms and conditions for the employees. Additionally, the FWC needed to consider if the agreement provided for the proper protection of employees' rights and interests.

In its decision, the FWC examined the evidence presented regarding the negotiation process and concluded that the agreement was genuinely negotiated between the parties. The FWC also found that the agreement met the procedural fairness standards and provided fair and reasonable terms for the employees. Furthermore, the FWC determined that the agreement did not disadvantage any party and provided for the proper protection of employees' rights and interests. As a result, the FWC approved the McMahon Services Australia Pty Ltd Enterprise Agreement 2013.

The FWC's approval of the agreement means that it is now legally binding on the parties involved. This decision provides clarity and certainty to both the employer and the employees regarding the terms and conditions of their employment. The approval of the agreement also ensures that the employees are provided with fair and reasonable terms, thereby promoting harmonious industrial relations.

McMahon Services Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established