DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McMahon Services Australia Pty Ltd
(AG2017/4599)

MCMAHON SERVICES AUSTRALIA PTY LTD (SA DEMOLITION & ASBESTOS) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the McMahon Services Australia Pty Ltd (SA Demolition & Asbestos) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd (SA Demolition & Asbestos) Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

McMahon Services Australia Pty Ltd applied to the Fair Work Commission for approval of the McMahon Services Australia Pty Ltd (SA Demolition & Asbestos) Enterprise Agreement 2017. The dispute involved the Fair Work Commission's consideration of whether the agreement met the requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was appropriately negotiated and met the necessary conditions for registration. The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for approval under the Act.

The Commission began by examining the procedural fairness of the agreement, considering the parties' bargaining processes and the fairness of the agreement's terms. The Commission found that the agreement was appropriately negotiated, with evidence of genuine efforts to reach a consensus. In assessing the substantive fairness, the Commission looked at various factors, including the agreement's provisions on wages, conditions, and dispute resolution mechanisms. The Commission concluded that the agreement provided for fair and reasonable terms, taking into account the specific circumstances of the industry and the parties involved.

Ultimately, the Commission approved the agreement, finding that it met all necessary criteria for registration under the Fair Work Act. The Commission's decision highlighted the importance of ensuring that enterprise agreements are fairly negotiated and provide for reasonable terms and conditions of employment. The approval of the agreement reflects the Commission's commitment to facilitating fair and effective industrial relations practices.

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