DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MGT Construction Pty Ltd
(AG2021/4457)

MGT CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 22 APRIL 2021

Application for approval of the MGT Construction Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MGT Construction Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by MGT Construction Pty Ltd.

[2] I am satisfied that the relevant requirements of ss 186, 187 and 188 of the Act concerning 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 approval decision, being 29 April 2021. The nominal expiry date of the Agreement is 30 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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The matter before the Fair Work Commission involved an application for approval of the MGT Construction Pty Ltd Enterprise Agreement 2021. MGT Construction Pty Ltd, the employer, sought to have the agreement recognised and approved as a registered enterprise agreement. The agreement was between MGT Construction and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred around whether the agreement met the necessary legal requirements for registration under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements, particularly whether it met the "better off overall test" and included the necessary provisions as outlined in the Act. The Commission had to determine if the agreement provided employees with a minimum rate of pay and other conditions that were at least as good as the relevant award or modern award, and if the agreement was fairly negotiated. Additionally, the Commission needed to consider if the agreement contained all the mandatory provisions required by the Act.

In assessing the application, the Commission examined the evidence provided by both parties. It found that the agreement contained all the necessary mandatory provisions and that the employees were better off overall in terms of pay and conditions compared to the applicable award. The Commission also determined that the agreement was fairly negotiated, with proper representation and consultation between the parties. The Commission was satisfied that the agreement met all legal requirements and approved the enterprise agreement, making it a registered enterprise agreement under the Act.

The Fair Work Commission approved the MGT Construction Pty Ltd Enterprise Agreement 2021, thereby making it a registered enterprise agreement. The Commission found that the agreement met all statutory requirements and provided employees with improved conditions compared to the relevant award. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the agreement rather than the award.

MGT Construction Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established