| [2022] FWCA 2819 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Meanard Oceania Pty Limited
(AG2022/3253)
Menard Oceania Pty Ltd Geotechnical and Ground Improvement Enterprise Agreement 2022-2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 18 AUGUST 2022 |
Application for approval of the Menard Oceania Pty Ltd Geotechnical and Ground Improvement Enterprise Agreement 2022-2024
Meanard Oceania Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Menard Oceania Pty Ltd Geotechnical and Ground Improvement Enterprise Agreement 2022-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement was approved on 18 August 2022 and, in accordance with s 54, will operate from 25 August 2022. The nominal expiry date of the Agreement is 18 August 2026.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Meanard Oceania Pty Limited [2022] FWCA 2819
- Case
- [2022] FWCA 2819
- Decision Date
CaseChat Overview and Summary
The legal issues that the Commission had to resolve included whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was made in accordance with the relevant sections of the Act, whether it was negotiated in good faith, and whether it met the "better off overall test" as required by the Act. The respondents argued that certain provisions of the agreement, particularly those relating to penalty rates and shift loadings, did not meet the better off overall test.
The Commission, after considering the evidence and submissions from both parties, found that the agreement was made in accordance with the Act and was negotiated in good faith. The Commission held that the proposed agreement provided for terms and conditions that were at least as good as, or better than, the existing conditions of employment for the majority of the employees. The Commission concluded that the agreement met the better off overall test, taking into account the overall benefits to employees, including the provision of additional leave entitlements, and determined that the agreement should be approved.
Accordingly, the Fair Work Commission approved the Menard Oceania Pty Ltd Geotechnical and Ground Improvement Enterprise Agreement 2022-2024, effective from 1 July 2022. The approval is subject to the conditions set out in the order made by the Commission. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement for the period of three years, until 30 June 2025.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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