McMahon Services Australia Pty Ltd Summary

[2022] FWCA 3694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McMahon Services Australia Pty Ltd

(AG2022/4220)

McMahon Services Australia Pty Ltd (Industrial Services) Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 OCTOBER 2022

Application for approval of the McMahon Services Australia Pty Ltd (Industrial Services) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd (Industrial Services) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 October 2022. The nominal expiry date of the Agreement is 20 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, McMahon Services Australia Pty Ltd, an employer in the industrial services industry, applied for approval of the McMahon Services Australia Pty Ltd (Industrial Services) Enterprise Agreement 2022. The agreement was made between the employer and the union, which represents the employees. The union contested the application on several grounds, including that the agreement did not meet the "better off overall test" and that it contained provisions that were contrary to public policy.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring the agreement was in the best interests of the employees and did not contravene any provisions of the Act or common law principles. Additionally, the Commission had to consider whether the agreement contained any provisions that were contrary to public policy.

The Commission found that the agreement did meet the better off overall test, as it provided employees with improved wages, conditions, and benefits compared to the existing award. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or the Act. Therefore, the application for approval of the agreement was successful. The Fair Work Commission approved the McMahon Services Australia Pty Ltd (Industrial Services) Enterprise Agreement 2022, which now serves as the primary industrial instrument for the employees covered by the agreement.

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