DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCS Civil (NSW) Pty Ltd
(AG2016/1807)

MCS CIVIL (NSW) PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2016. The nominal expiry date of the Agreement is 30 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

MCS Civil (NSW) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement covering its employees. The Fair Work Commission is the body responsible for resolving workplace disputes and approving enterprise agreements under Australian law. The dispute arose from negotiations between MCS Civil and its employees, represented by a union, regarding the terms of their employment. The crux of the matter was whether the proposed agreement met the legal criteria for approval, including provisions on wages, working conditions, and other employment terms.

The legal issues before the Fair Work Commission included whether the agreement was genuinely negotiated, the terms were fair and reasonable, and if it met the requirements of the Fair Work Act. Additionally, the Commission had to consider if the agreement would provide for the protection of employees' rights and interests, and whether it complied with any relevant industry standards or awards. The union argued that certain provisions in the agreement were unfair, while MCS Civil contended that the agreement was the result of genuine bargaining and was fair and reasonable.

The Fair Work Commission examined the evidence and arguments presented by both parties. It assessed whether the agreement met the statutory criteria, including that it was genuinely negotiated, free from coercion or undue influence, and contained provisions for the protection of employees. The Commission found that the agreement was the product of genuine negotiations, and the terms were fair and reasonable. It noted that the agreement provided for minimum wages and conditions, and included provisions for employee welfare and dispute resolution mechanisms. The Commission concluded that the agreement met the legal requirements for approval and granted the application.

The Fair Work Commission approved the MCS Civil (NSW) Pty Ltd Enterprise Agreement 2016 - 2020, effective from the date of the decision. The agreement sets out the terms and conditions of employment for the employees of MCS Civil for the specified period. The decision underscores the importance of genuine negotiations and fair terms in the approval of enterprise agreements.

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