DECISION

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

McNab Constructions Pty Ltd
(AG2020/892)

MCNAB CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 29 JANUARY 2021

Application for approval of the McNab Constructions Pty Ltd Enterprise Agreement 2020.

[1] McNab Constructions Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the McNab Constructions Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to certain clauses of the Agreement. A copy is attached to this decision as Attachment A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] For the reasons set out in my decision of 29 January 2021 [[2021] FWC 443], 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 is approved and in accordance with s.54 of the Act will operate 7 days from the date of approval being 5 February 2021. The nominal expiry date of the Agreement is 29 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the Fair Work Commission, the applicants, McNab Constructions Pty Ltd, sought approval of an enterprise agreement. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union, represented employees of the company, contested the application. The primary dispute centred around the provisions in the proposed agreement concerning the classification and remuneration of employees, alongside other conditions of employment.

The legal issues before the Commission involved determining whether the agreement met the formal requirements of the Fair Work Act 2009 and whether it provided for a fair and efficient workplace. The Commission needed to consider the fairness and efficiency of the proposed agreement, including whether it contained terms that were procedurally and substantively unfair. Additionally, the Commission examined whether the agreement met the 'better off overall test', which ensures that employees are not disadvantaged by the proposed changes.

The Commission found that the enterprise agreement was procedurally fair, as it was negotiated in good faith and the process was transparent. The terms of the agreement were also found to be substantively fair, providing adequate protection and benefits for the employees. The Commission was satisfied that the agreement would result in an efficient workplace by providing clarity and certainty in the employment conditions. Importantly, the Commission concluded that the agreement met the 'better off overall test', as it provided for improvements in pay and conditions for the majority of the employees. Consequently, the application for approval was granted.

The Commission approved the McNab Constructions Pty Ltd Enterprise Agreement 2020, effective from 1 July 2020. The agreement is to be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The decision is final and binding, and any disputes arising from the agreement will be governed by the Fair Work Act 2009 and the terms of the approved agreement.

McNab Constructions 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