DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MFP Corporate Pty Ltd T/A M Form and Pour
(AG2017/5423)

M FORM AND POUR ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 12 APRIL 2018

Application for approval of the M Form and Pour Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the M Form and Pour 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 MFP Corporate Pty Ltd T/A M Form and Pour. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2018. The nominal expiry date of the Agreement is 11 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by MFP Corporate Pty Ltd, trading as M Form and Pour, for approval of the M Form and Pour Enterprise Agreement 2017. The application was brought under the Fair Work Act 2009, and the Commission had to determine whether the agreement met the necessary criteria for approval. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not fairly represent the interests of the employees and contained provisions that were not in the best interests of the workforce.

The legal issues before the FWC were whether the agreement was a "better off overall test" (BOOT) agreement and whether it contained any provisions that were contrary to the public interest or not in the best interests of the employees. The CFMEU contended that the agreement did not meet the BOOT standard and contained unfair provisions, such as the removal of certain rights and entitlements of the employees. The applicant, M Form and Pour, argued that the agreement was fair and in the best interests of the employees, and that it met the BOOT requirement.

The FWC considered the arguments of both parties and reviewed the terms of the agreement. The Commission found that the agreement did meet the BOOT requirement and did not contain any provisions that were contrary to the public interest or not in the best interests of the employees. The FWC noted that the agreement provided for a number of benefits to the employees, including increased wages and improved working conditions. The Commission also found that the removal of certain rights and entitlements was justified, as they were not necessary for the operation of the business and did not have a significant impact on the employees. Based on these findings, the FWC approved the M Form and Pour Enterprise Agreement 2017.

The FWC's final order was that the M Form and Pour Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the registration. The FWC also ordered that the agreement be published on its website and that a copy be provided to the parties and their respective representatives.

MFP Corporate Pty Ltd T/A M Form and Pour

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established