DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCO Services Pty Ltd t/a Next Phase Contracting
(AG2015/2849)

NPC CROWN TOWERS ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JUNE 2015

Application for approval of the NPC Crown Towers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NPC Crown Towers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MCO Services Pty Ltd t/a Next Phase Contracting. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 15 June 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MCO Services Pty Ltd, trading as Next Phase Contracting, applied for the approval of the NPC Crown Towers Enterprise Agreement 2015. The applicant sought the Fair Work Commission's (FWC) approval of the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and was intended to govern the employment of workers at the Crown Towers project in Melbourne. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately certified as a simple, low-risk enterprise agreement.

The primary legal issues the FWC addressed were whether the agreement was appropriately negotiated and whether it complied with the relevant statutory provisions. Specifically, the FWC had to determine if the agreement was genuinely negotiated between the employer and the union, if it addressed the employees' terms and conditions of employment, and if it was certified as a simple, low-risk agreement in accordance with the Fair Work Act. The FWC also needed to consider whether the agreement met the requirements for an enterprise agreement to be approved.

In its decision, the FWC found that the agreement was genuinely negotiated and that it addressed the employees' terms and conditions of employment. The FWC concluded that the agreement met the criteria for a simple, low-risk enterprise agreement and was appropriately certified as such. The FWC approved the agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act. The FWC emphasised the importance of genuine negotiation and appropriate certification in reaching its decision.

The Fair Work Commission approved the NPC Crown Towers Enterprise Agreement 2015, recognising its compliance with the Fair Work Act and its certification as a simple, low-risk agreement. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and appropriately certified to meet the statutory requirements for approval.

MCO Services Pty Ltd t/a Next Phase Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established