MK Construction Services Pty Ltd

[2014] FWCA 6642

FAIR WORK COMMISSION

DECISION

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

MK Construction Services Pty Ltd
(AG2014/7435)

MK CONSTRUCTION SERVICES PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 22 SEPTEMBER 2014

Application for approval of the MK Construction Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the MK Construction Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 29 September 2014. The nominal expiry date of the Agreement is 29 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MK Construction Services Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the MK Construction Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The court was tasked with determining whether the agreement was a simple, genuine, and not misleading, and whether it provided for the terms and conditions of employment that were fair and reasonable.

The primary legal issue before the court was whether the agreement complied with the statutory criteria for approval as an individual agreement under the Fair Work Act. The court examined the clarity, simplicity, and fairness of the agreement's terms, the process by which the agreement was negotiated, and whether the agreement was genuinely agreed upon by the parties. The court also considered whether the agreement adequately covered the terms and conditions of employment and whether it provided protections for employees.

The court found that the agreement met the statutory requirements for approval. The agreement was clear, simple, and not misleading, and it was genuinely negotiated between the parties. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. The court also noted that the agreement contained provisions that went beyond the minimum entitlements required by the relevant award. The court approved the agreement, and it became a registered agreement effective from the specified date.

MK Construction Services Pty Ltd obtained the approval it sought for the MK Construction Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The court's decision confirmed that the agreement met the necessary criteria under the Fair Work Act and was registered as a valid individual agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established