McMillan Contracting Services Pty Ltd

[2014] FWCA 1458

FAIR WORK COMMISSION

DECISION

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

McMillan Contracting Services Pty Ltd
(AG2014/3765)

MCMILLAN CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 MARCH 2014

Application for approval of the McMillan Contracting Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McMillan Contracting Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McMillan Contracting Services 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 12 March 2014. The nominal expiry date of the Agreement is 11 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McMillan Contracting Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement made with its employees. The agreement was intended to regulate employment terms and conditions. The applicants argued that the agreement was fairly negotiated and met the statutory criteria for approval. The respondents, including various unions and individual employees, contested the application on the grounds that the agreement was not genuinely negotiated and did not adequately protect employees' rights. The Fair Work Commission was required to determine whether the agreement was fairly negotiated and whether it met the criteria for approval under the Fair Work Act 2009.

The Commission examined the process of negotiation and the content of the agreement. It assessed whether the agreement was made in good faith and whether it provided for the employees' wages and conditions. The Commission considered the submissions from both parties and any relevant evidence presented. It also took into account the provisions of the Fair Work Act and any relevant regulations. After careful consideration, the Commission found that the agreement was genuinely negotiated and provided adequately for the employees' wages and conditions. It was satisfied that the agreement met the statutory criteria for approval.

Accordingly, the Fair Work Commission approved the McMillan Contracting Pty Ltd Enterprise Agreement 2014. The Commission made orders confirming the approval of the agreement and setting out the terms and conditions it contained. The agreement was to be registered with the Commission and would have effect as a registered agreement under the Fair Work Act. The Commission's decision was based on its findings that the agreement was fairly negotiated and met the criteria for approval. The parties were bound by the terms of the agreement, which would regulate their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established