DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McNab Constructions Pty Ltd
(AG2016/1046)

MCNAB CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2016

Application for approval of the McNab Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McNab Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McNab Constructions 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 25 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the McNab Constructions Pty Ltd Enterprise Agreement 2016, the Fair Work Commission was called upon to consider whether the agreement should be certified as a single-enterprise agreement. The parties involved were McNab Constructions Pty Ltd, the employer, and the Building Constructions, Forestry, Maritime, Mining and Energy Union (CFMEU), the union. The primary dispute centred on the union's objections to the agreement's provisions regarding pay rates and conditions for certain classifications of employees.

The key legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, specifically sections concerning the need for a single-enterprise agreement to meet the "better-off-overall" test and ensure procedural fairness in its creation. The union argued that the agreement did not adequately protect the employees' pay and conditions, thus failing the better-off-overall test. The employer, on the other hand, contended that the agreement was fair and complied with all legislative requirements.

The Commission examined the evidence presented and considered the union's objections. It found that the agreement did indeed satisfy the better-off-overall test as it provided improved benefits and protections for the employees in various ways. The Commission also determined that the process leading to the agreement's creation was fair and did not breach any procedural requirements. Therefore, the application for approval of the enterprise agreement was upheld, and the agreement was certified as a single-enterprise 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