DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCP WA Pty Ltd
(AG2015/5215)

MCP WA PTY LTD T/A MEALES WA CONCRETE PUMPING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2015

Application for approval of the MCP WA Pty Ltd T/A Meales WA Concrete Pumping Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MCP WA Pty Ltd T/A Meales WA Concrete Pumping 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 MCP WA Pty Ltd. 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] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 21 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by MCP WA Pty Ltd to have their enterprise agreement, the Meales WA Concrete Pumping Enterprise Agreement 2015, approved. The dispute arose as the applicant sought to have the agreement recognised and enforceable under the Fair Work Act 2009. The Commission, presided over by Commissioner S.M. McInerney, was tasked with determining whether the agreement met the criteria for approval as set out in the legislation.

The legal issues before the Commission were whether the agreement contained the necessary 'minimum terms' as required by the Act, and whether the agreement had been fairly and properly made. Specifically, the Commission needed to assess if the agreement addressed all the prescribed minimum terms, and if the process leading to the agreement's formation was procedurally sound, including considerations of employee representation and consultation.

The Commission found that the agreement did contain the minimum terms and that the process leading to its creation was valid. It was noted that the agreement was negotiated in good faith, with appropriate representation and consultation of employees. The Commission was satisfied that the agreement met the statutory requirements for approval. Consequently, the application for the approval of the Meales WA Concrete Pumping Enterprise Agreement 2015 was granted.

MCP WA 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