DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ML Contracting Services Pty Ltd as Trustee for ML Contracting Services Trust T/A ML Contracting Services Pty Ltd
(AG2019/1290)

ML CONTRACTING SERVICES PTY LTD AS TRUSTEE FOR ML CONTRACTING SERVICES TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 1 JULY 2019

Application for approval of the ML Contracting Services Pty Ltd as Trustee For ML Contracting Services Trust Enterprise Agreement.

[1] ML Contracting Services Pty Ltd as Trustee for ML Contracting Services Trust (the Employer) has made an application for approval of an enterprise agreement known as the ML Contracting Services Pty Ltd as Trustee For ML Contracting Services Trust Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[5] The Agreement was approved on 1 July 2019 and, in accordance with s 54, will operate from 8 July 2019. The nominal expiry date of the Agreement is 8 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ML Contracting Services Pty Ltd, trading as ML Contracting Services Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The respondent, the Electrical Trades Union of Australia, opposed the application on the grounds that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009. The dispute centred on the coverage and provisions of the agreement, particularly concerning the classification of employees and the terms of employment.

The legal issues before the Commission involved whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act. The Commission had to determine if the agreement was in the best interests of the employees, if it provided for the fair treatment of employees, and if it included adequate provisions for the resolution of workplace disputes. The primary focus was on whether the agreement provided for the appropriate classification of employees and whether it contained adequate mechanisms for resolving disputes.

The Commission reviewed the submissions from both parties and examined the content of the proposed enterprise agreement. The applicant argued that the agreement was fair and reasonable and provided for the appropriate classification of employees. The respondent contended that the agreement did not adequately protect the interests of the employees and failed to provide for appropriate dispute resolution mechanisms. After considering the evidence and arguments presented, the Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The Commission approved the enterprise agreement, noting that it provided for fair treatment and adequate dispute resolution mechanisms.

The final orders of the Commission included the approval of the enterprise agreement, subject to the conditions specified in the decision. The agreement was to be registered and would apply to the employees covered by the agreement. The Fair Work Commission's decision provided clarity on the requirements for the approval of enterprise agreements and reinforced the importance of fair treatment and appropriate dispute resolution mechanisms in employment agreements.

ML Contracting Services Pty Ltd as Trustee for ML Contracting Services Trust T/A ML Contracting Services Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established