DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McNally Group Pty Ltd and McNally Group Contracting Pty Ltd
(AG2018/4973)

MCNALLY GROUP ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2019

Application for approval of the McNally Group Enterprise Agreement 2018.

[1] McNally Group Pty Ltd and McNally Group Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the McNally Group Enterprise Agreement 2018 (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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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. I note that the signature details have been redacted, at the request of the applicant, as the enterprise agreement, when made, did not contain these details.

[4] The Agreement was approved on 15 March 2019 and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 15 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McNally Group Pty Ltd and McNally Group Contracting Pty Ltd applied for approval of the McNally Group Enterprise Agreement 2018, which was to apply to their employees. The Fair Work Commission was the court tasked with assessing the application, given its jurisdiction over enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements and whether it was in the best interests of the employees.

The legal issues the court needed to address were whether the agreement met the formal requirements set forth by the Fair Work Act, such as being in writing and being free from prohibited content. The court also had to ensure that the agreement did not unfairly disadvantage any employee and that it was made in good faith. Another aspect of the review was to determine whether the agreement provided adequate protections and benefits for the employees, including terms on wages, hours of work, and other conditions of employment.

In assessing the application, the Fair Work Commission examined the content and implications of the agreement. The court found that the agreement was appropriately drafted, met all statutory requirements, and was made in good faith. The court also concluded that the agreement did not disadvantage any employee and provided fair protections and benefits. Therefore, the court approved the McNally Group Enterprise Agreement 2018, deeming it compliant with the Fair Work Act and in the best interests of the employees.

The court's final orders approved the enterprise agreement, allowing it to take effect as of the date of the decision. This decision ensured that the agreement would govern the employment terms and conditions between the parties involved, providing a clear and legally binding framework for their relationship.

McNally Group Pty Ltd and McNally Group Contracting 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