DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MCS Civil (NSW) Pty Ltd
(AG2020/2895)

MCS CIVIL (NSW) PTY LTD ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 OCTOBER 2020

Application for approval of the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2020 - 2024 (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 . The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 19 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by MCS Civil (NSW) Pty Ltd for the approval of their Enterprise Agreement for the period 2020-2024. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on various clauses within the agreement, specifically those concerning employee classification, remuneration, and procedural fairness.

The key legal issues the Commission had to resolve were whether the proposed agreement complied with the Act's requirements for a lawful and enforceable enterprise agreement. This included assessing whether the agreement provided for a fair and reasonable terms of employment and whether it adhered to the principles of procedural fairness and good faith bargaining. The Commission also needed to consider if the agreement provided adequate protection for employees' rights and if it met the 'better off overall test', ensuring that employees were not worse off under the new agreement.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement largely complied with the statutory requirements. The Commission noted that while some aspects of the agreement could be improved, particularly regarding procedural fairness, the overall provisions were fair and reasonable. The Commission highlighted that the agreement met the better off overall test and that it provided adequate protection for employee rights. Consequently, the Fair Work Commission approved the Enterprise Agreement, subject to the condition that the employer implement specific procedural changes to address the identified shortcomings.

The final orders of the Commission mandated that MCS Civil (NSW) Pty Ltd implement the agreed-upon procedural changes within a specified timeframe and report back to the Commission on compliance. The Commission reserved the right to revisit the matter if the changes were not adequately implemented.

MCS Civil (NSW) 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