DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Paving Pty Ltd
(AG2017/308)

MELBOURNE PAVING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Melbourne Paving Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Paving Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Paving Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2017. The nominal expiry date of the Agreement is 22 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Paving Pty Ltd applied to the Fair Work Commission for the approval of the Melbourne Paving Pty Ltd Enterprise Agreement 2017. The application was made under section 232 of the Fair Work Act 2009. The primary dispute was between Melbourne Paving Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was required to decide whether the enterprise agreement complied with the relevant provisions of the Fair Work Act.

The main legal issues for the Commission to resolve included whether the agreement provided for a modern award and whether the agreement contained the mandated terms. Furthermore, the Commission had to determine whether the agreement was in the best interests of the employees and whether the agreement had been genuinely negotiated. The Commission also considered whether the agreement complied with the good faith bargaining requirement and the procedural fairness obligations.

In determining the application, the Commission examined the provisions of the agreement against the statutory requirements. The Commission found that the agreement met the legislative criteria, including the mandated terms and the modern award provisions. The Commission was satisfied that the agreement was in the best interests of the employees and that it had been genuinely negotiated. The Commission further found that the agreement complied with the good faith bargaining requirement and the procedural fairness obligations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Melbourne Paving Pty Ltd Enterprise Agreement 2017, subject to the conditions and limitations set out in the approval order. The agreement was to be in effect from the date of the Commission's approval and would remain in force until the earlier of the date of expiry or the making of a new enterprise agreement. The Commission also noted that any variations to the agreement would need to be approved by the Commission under section 233 of the Fair Work Act.

Melbourne Paving 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