DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menai Civil Contractors Pty Ltd
(AG2018/4988)

MENAI CIVIL CONTRACTORS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018 – 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Menai Civil Contractors Pty Ltd and Employees Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Menai Civil Contractors Pty Ltd and Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menai Civil Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 6 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Menai Civil Contractors Pty Ltd and Employees Enterprise Agreement 2018 - 2022. The applicant, Menai Civil Contractors Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission was tasked with determining these issues.

The central legal issues before the Commission included whether the enterprise agreement met the formal requirements set out in the Fair Work Act, such as being in writing and meeting the prescribed minimum terms and conditions. Additionally, the Commission needed to assess if the agreement was genuinely bargained and if it provided for fair and reasonable terms and conditions of employment. This involved considering whether the agreement was free from any coercive or oppressive practices and whether it provided adequate protections and entitlements for the employees.

In its decision, the Fair Work Commission found that the Menai Civil Contractors Pty Ltd and Employees Enterprise Agreement 2018 - 2022 was in compliance with the statutory requirements of the Fair Work Act. The Commission noted that the agreement was in writing and contained the prescribed minimum terms and conditions. Furthermore, the Commission determined that the agreement was genuinely bargained and did not contain any coercive or oppressive practices. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the industry and the bargaining positions of the parties.

The Fair Work Commission approved the Menai Civil Contractors Pty Ltd and Employees Enterprise Agreement 2018 - 2022, effective from the date of the decision. The Commission's approval was based on its finding that the agreement met all the necessary statutory requirements and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Menai Civil Contractors 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