Menard Bachy Pty Ltd Summary

[2014] FWCA 841

FAIR WORK COMMISSION

DECISION

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

Menard Bachy Pty Ltd
(AG2013/12142)

MENARD BACHY PTY LTD GEOTECHNICAL & GROUND IMPROVEMENT ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 FEBRUARY 2014

Application for approval of the Menard Bachy Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Menard Bachy Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menard Bachy 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 4 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Menard Bachy Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement covered the period from 2013 to 2016 and pertained to employees in the geotechnical and ground improvement sector. The applicant argued that the proposed terms and conditions were fair and reasonable, taking into account the interests of both the employees and the business. The dispute centred on whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court was required to determine if the proposed enterprise agreement was a "better off overall test" (BOOT) agreement. This involved examining whether the agreement was likely to result in employees being no worse off financially and, where possible, better off overall than they would be under the applicable awards or registered agreements. The court also needed to consider whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement met the BOOT and was made in good faith. The commission emphasised that the agreement provided for a combination of wage increases, improved leave entitlements, and other benefits that, when considered in totality, were likely to result in employees being better off overall. The commission also noted that the agreement included appropriate consultation processes and that the applicant had engaged in good faith negotiations with the employees' representatives. As a result, the commission approved the enterprise agreement.

The Fair Work Commission granted approval for the Menard Bachy Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2013 - 2016, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the specified period, provided they meet the requirements set out in the Fair Work Act.

Menard Bachy Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established