DECISION

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

MGI Piling (NSW) Pty Ltd
(AG2015/1040)

MGI PILING (NSW) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 MAY 2016

Application for approval of the MGI Piling (NSW) Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the MGI Piling (NSW) Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MGI Piling (NSW) 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 Fair Work Commission (FWC) received correspondence dated 11 May 2016, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 30 September 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MGI Piling (NSW) Pty Ltd was involved in an application for the approval of an enterprise agreement with the Fair Work Commission. The nature of the dispute pertained to whether the proposed agreement adequately reflected the needs and rights of the employees within the specified timeframe. The court addressed this matter within the framework of the Fair Work Act 2009, focusing on whether the agreement met the requirements for registration under the legislation.

The legal issues before the court included assessing the fairness and reasonableness of the proposed agreement, considering the balance of rights and obligations, and determining if the agreement adequately facilitated meaningful negotiations between the employer and the employees. Additionally, the court examined whether the agreement provided for the protection of employees' rights and whether it was likely to promote improved productivity and economic efficiency.

The Fair Work Commission examined the agreement's provisions and the evidence presented, concluding that the agreement was fair and reasonable. The court found that the agreement included provisions that met the requirements for registration, such as provisions for minimum wages, penalty rates, and standard hours of work. The court also noted that the agreement provided for the protection of employees' rights and facilitated meaningful negotiations. Therefore, the application for approval of the enterprise agreement was successful, and the agreement was registered. The court's decision was based on the evidence presented and the legal requirements under the Fair Work Act 2009.

MGI Piling (NSW) 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