McNab NQ Pty Ltd Summary

[2024] FWCA 4343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McNab NQ Pty Ltd

(AG2024/4530)

MCNAB TRADES AND LABOUR ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 6 DECEMBER 2024

Application for approval of the McNab Trades and Labour Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the McNab Trades and Labour Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McNab NQ Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

Pursuant to s.186(6), s.202(4) and s.205(2) of the Act, the model dispute resolution, flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement

Pursuant to s.205A(2), the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 5 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, McNab NQ Pty Ltd, an employer, applied for approval of the McNab Trades and Labour Enterprise Agreement 2024. The applicant sought to formalise the terms and conditions of employment for its employees, as outlined in the proposed agreement. The primary focus of the application was to ensure that the agreement met the legal requirements set out under the Fair Work Act 2009, including the necessity for the agreement to provide for a fair and equitable outcome for all employees.

The legal issues the court needed to address centred on whether the proposed agreement complied with the statutory provisions of the Fair Work Act, including whether it adhered to the good faith bargaining process, provided for fair and reasonable terms, and was free from any discriminatory provisions. The court also had to consider if the agreement appropriately balanced the interests of both the employer and the employees, ensuring it met the criteria for being a "better off overall test" (BOOT).

After careful consideration of the submissions and the provisions of the Fair Work Act, the Fair Work Commission found that the McNab Trades and Labour Enterprise Agreement 2024 met all the statutory requirements. The agreement was deemed to have been achieved through good faith bargaining and provided fair and reasonable terms for the employees. The court also confirmed that the agreement satisfied the BOOT and did not contain any discriminatory terms. Consequently, the application for approval was granted, and the agreement was formally approved. The Fair Work Commission's decision provided clarity and certainty for the parties involved, ensuring that the terms of employment were legally sound and protected the rights of both the employer and the employees.

McNab NQ Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established