DECISION

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

Menai Civil Contractors Pty Ltd
(AG2014/8011)

MENAI CIVIL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 DECEMBER 2014

Application for approval of the Menai Civil Contractors Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Menai Civil Contractors Pty Ltd Enterprise Agreement 2014-2018 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Menai Civil Contractors Pty Ltd applied for the approval of the Menai Civil Contractors Pty Ltd Enterprise Agreement 2014-2018 under the Fair Work Act 2009. The dispute involved whether the agreement met the requirements of the Act, including the procedural fairness and the good faith bargain provisions. The application was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement had been made in good faith and whether the proper procedural requirements were followed. The applicant argued that the agreement was the result of genuine negotiations and had been fairly reached. The Commission had to examine the evidence and testimonies provided to determine if these assertions were valid. It was also required to ensure that the agreement did not contravene any provisions of the Act.

The Fair Work Commission found that the agreement was indeed the result of genuine negotiations and had been made in good faith. The Commission was satisfied with the evidence provided, which demonstrated that the parties had engaged in meaningful discussions and had reached the agreement through a fair process. The Commission also concluded that the proper procedural steps had been followed, and the agreement complied with the requirements of the Act. As a result, the Commission approved the agreement.

The Fair Work Commission ordered the approval of the Menai Civil Contractors Pty Ltd Enterprise Agreement 2014-2018, confirming that it met all the necessary legal standards. This decision provided clarity on the application process and reinforced the importance of good faith and procedural fairness in enterprise agreements under the Fair Work Act.

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