MJ Mahon Holdings (QLD) Pty Ltd T/A MJ Mahon Transport Summary

[2018] FWCA 715

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

MJ Mahon Holdings (QLD) Pty Ltd T/A MJ Mahon Transport

(AG2017/3908)

MJ Mahon Transport Enterprise Agreement 2017

Road transport industry
Commissioner McKinnon	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the MJ Mahon Transport Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the MJ Mahon Transport 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 MJ Mahon Holdings (QLD) Pty Ltd T/A MJ Mahon Transport. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2018. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

MJ Mahon Holdings (QLD) Pty Ltd, trading as MJ Mahon Transport, applied for the approval of the MJ Mahon Transport Enterprise Agreement 2017. The application was made to the Fair Work Commission, which adjudicates on disputes related to workplace relations in Australia. The crux of the matter involved the terms and conditions outlined in the proposed enterprise agreement, which were to govern the employment of workers within MJ Mahon Transport.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the requirements for good faith bargaining and whether it contained minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to determine if the agreement was fair and reasonable in all its aspects.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith, with both parties engaging in meaningful discussions. The Commission found that the proposed terms and conditions were in line with the legislative requirements, providing for fair and reasonable minimum standards for employees. The agreement was deemed to cover essential matters such as pay rates, classification, and other employment conditions. The Commission was satisfied that the agreement met the statutory criteria for approval, thus granting the application.

The Fair Work Commission approved the MJ Mahon Transport Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms and conditions within the agreement are legally binding and applicable to the employees of MJ Mahon Holdings (QLD) Pty Ltd.

MJ Mahon Holdings (QLD) Pty Ltd T/A MJ Mahon Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established