MGT Construction Pty Ltd

[2018] FWCA 2678

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

MGT Construction Pty Ltd

(AG2017/5701)

MGT Construction Pty Ltd Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Colman	MELBOURNE, 11 MAY 2018

Application for approval of the MGT Construction Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the MGT Construction Pty Ltd 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 MGT Construction Pty Ltd. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 30 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, MGT Construction Pty Ltd applied for the approval of the MGT Construction Pty Ltd Enterprise Agreement 2017. The dispute arose when the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) objected to the proposed agreement. The case was heard by the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement was made in good faith and whether it complied with the provisions of the Act regarding minimum entitlements and other mandatory terms. The FWC found that the agreement was made in good faith and contained all the mandatory terms required by the Act. The FWC also concluded that the agreement did not adversely affect the minimum entitlements of employees. Given these findings, the FWC approved the MGT Construction Pty Ltd Enterprise Agreement 2017. The CFMEU's objections were dismissed, and the agreement was approved as it satisfied the necessary statutory criteria.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established