DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mcon-struct Industries Pty Ltd T/A Mcon-struct Industries (MCS Industries)
(AG2015/2303)

MCON-STRUCT INDUSTRIES PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 APRIL 2015

Application for approval of the Mcon-struct Industries Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Mcon-struct Industries Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mcon-struct Industries Pty Ltd T/A Mcon-struct Industries (MCS Industries). The agreement is a single enterprise agreement.

[2] 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 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 was approved on 20 April 2015 and, in accordance with s.54, will operate from 27 April 2015. The nominal expiry date of the Agreement is 20 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Mcon-struct Industries Pty Ltd T/A Mcon-struct Industries (MCS Industries) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the application for approval of the Mcon-struct Industries Pty Ltd Enterprise Agreement, which was submitted to the Fair Work Commission for assessment. The CFMEU contested the approval of the agreement, raising concerns about various aspects of the proposed terms and conditions, including pay rates, working hours, and employee entitlements.

The legal issues before the court encompassed whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was tasked with examining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to determine if the agreement adequately protected employees' rights and interests, and if it adhered to the principles of procedural fairness.

The court meticulously evaluated the Enterprise Agreement against the legal standards set out in the Fair Work Act. It found that the agreement contained provisions that did not meet the statutory requirements for approval. The court highlighted issues such as inadequate pay rates and insufficient provisions for employee entitlements. Furthermore, the court concluded that the agreement did not provide for fair and reasonable terms and conditions of employment, and that it failed to adequately protect employees' rights and interests. Based on these findings, the court decided to reject the application for approval of the Enterprise Agreement.

As a result of the court's decision, the Mcon-struct Industries Pty Ltd Enterprise Agreement was not approved. The court's rejection of the agreement underscores the importance of ensuring that enterprise agreements comply with the statutory requirements and protect the rights and interests of employees. The decision serves as a reminder to parties involved in the negotiation and approval of enterprise agreements to carefully consider the legal implications of their provisions.

Mcon-struct Industries Pty Ltd T/A Mcon-struct Industries (MCS Industries)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established