MCS Civil (NSW) Pty Ltd

[2025] FWCA 2642

The attached document replaces the document previously issued with the above code on 8 August 2025.

Amending the Enterprise Agreement title in the Decision’s preamble to correct a typographical error.

Associate to Deputy President Boyce

Dated 8 August 2025

[2025] FWCA 2642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

MCS Civil (NSW) Pty Ltd

(AG2025/2513)

MCS CIVIL (NSW) PTY LTD ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 AUGUST 2025

Application for approval of the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2025 - 2029

An application has been made for approval of an enterprise agreement to be known as the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2025 - 2029 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by MCS Civil (NSW) Pty Ltd (Employer). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2025. The nominal expiry date of the Agreement is 8 August 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2025-2029. The applicant, MCS Civil (NSW) Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which requires certain conditions to be met for an enterprise agreement to be valid and enforceable. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and if it was fair and reasonable for the purposes of the Act.

The legal issues at the forefront of this case involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement complied with the legislative criteria for approval, including whether it was made in good faith, free from coercion and contained appropriate mechanisms for the resolution of disputes. Additionally, the Commission had to determine if the agreement provided fair and reasonable terms for the employees it covered, including provisions related to wages, hours of work, and other employment conditions.

In delivering its decision, the Commission carefully examined the contents of the agreement, considering the submissions and evidence provided by both parties. The Commission found that the agreement satisfied the legislative criteria for approval and was made in good faith. It determined that the agreement provided fair and reasonable terms and conditions for the employees covered by it. The Commission also found that the agreement contained appropriate mechanisms for the resolution of disputes, including provisions for conciliation and arbitration. Based on these findings, the Commission approved the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2025-2029, allowing it to take effect as a legally binding agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established