DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McMullen Nolan Group Pty Ltd
(AG2019/1855)

MCMULLEN NOLAN GROUP PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 OCTOBER 2019

Application for approval of the McMullen Nolan Group Pty Ltd Enterprise Agreement.

[1] McMullen Nolan Group Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the McMullen Nolan Group Pty Ltd Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 Agreement was approved on 10 October 2019 and, in accordance with s 54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, McMullen Nolan Group Pty Ltd applied for the approval of a new enterprise agreement. The dispute arose from the negotiations between the company and the employees' representatives regarding the terms and conditions of employment. The applicants sought to implement changes that would affect various aspects of employee remuneration and conditions, including shift penalties, overtime rates, and annual leave provisions. The employees' representatives contested several of the proposed changes, arguing they were unfair and did not adequately protect the employees' rights.

The central legal issues before the Commission involved determining whether the proposed changes to the enterprise agreement were fair and appropriate under the Fair Work Act 2009. Specifically, the Commission had to consider whether the changes complied with the 'better off overall test', ensuring that employees were not worse off financially and that the changes did not adversely affect employees' conditions. Additionally, the Commission examined whether the agreement provided for procedural fairness in its creation and whether it contained the necessary 'protected action' provisions to safeguard employees' rights.

In reaching its decision, the Commission found that the proposed changes were generally fair and met the better off overall test. It noted that the agreement provided for reasonable adjustments to shift penalties and overtime rates, which were considered acceptable given the context of the industry. The Commission also found that the agreement included adequate provisions for procedural fairness and protected action, thereby ensuring that employees' rights were protected. Consequently, the Commission approved the enterprise agreement, emphasising that the changes were balanced and in the best interest of both parties.

The final orders of the Commission were that the McMullen Nolan Group Pty Ltd Enterprise Agreement be approved as of a specified date, subject to the conditions and provisions outlined in the agreement. The approval was contingent on the company and employees' representatives adhering to the terms and conditions stipulated, ensuring a fair and balanced working environment.

McMullen Nolan Group Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established