McMillan Contracting Pty Ltd

[2024] FWCA 2942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McMillan Contracting Pty Ltd

(AG2024/2772)

MCMILLAN CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 9 AUGUST 2024

Application for approval of the McMillan Contracting Pty Ltd Enterprise Agreement 2024

McMillan Contracting Pty Ltd has applied for approval of a single enterprise agreement known as the McMillan Contracting Pty Ltd Enterprise Agreement 2024 (the Agreement).

The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that the Agreement has been genuinely agreed.

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 16 August 2024. The nominal expiry date of the Agreement is 9 August 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McMillan Contracting Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2024. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009, to ensure that it complied with the requirements of the Act and related regulations. The dispute primarily revolved around the terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms, which were outlined in the proposed agreement. The Commission was tasked with assessing whether the agreement met the necessary standards for employee protection and fairness.

The legal issues before the Commission were whether the proposed Enterprise Agreement adhered to the statutory requirements set out in the Fair Work Act, including the need for the agreement to provide for a direct, clear, and effective method of dispute resolution. Additionally, the Commission had to determine if the agreement was made in good faith and whether it provided for terms and conditions that were no less favourable than the applicable awards or registered agreements. The fairness of the agreement's terms, including pay rates and conditions, also formed part of the scrutiny.

The Fair Work Commission found that the proposed agreement met the statutory requirements under the Fair Work Act. The Commission approved the agreement on the basis that it provided a direct and effective dispute resolution mechanism, was made in good faith, and offered terms and conditions that were no less favourable than those set out in relevant awards or agreements. The Commission also noted that the agreement's provisions were fair and reasonable, taking into account the specific circumstances of the employees and the nature of the work involved. The agreement was thus approved, ensuring that it would be binding on the parties involved.

No further orders were made by the Commission beyond the approval of the Enterprise Agreement 2024. The decision affirmed the agreement's compliance with the statutory framework and validated the processes through which it was negotiated and agreed upon.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established