Mmw Projects Pty Ltd

[2021] FWCA 6464

FAIR WORK COMMISSION

DECISION

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

Mmw Projects Pty Ltd
(AG2021/7890)

MMW PROJECTS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 2 NOVEMBER 2021

Application for approval of the MMW Projects Enterprise Agreement 2021

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

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2021. The nominal expiry date of the Agreement is 2 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Mmw Projects Pty Ltd, sought approval of the MMW Projects Enterprise Agreement 2021. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers under the enterprise agreement, which aimed to provide a comprehensive framework for wages, working conditions, and other employment matters.

The legal issues before the Commission were whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum rates of pay, included provisions for the protection of employees' rights, and was otherwise in accordance with the relevant legislative provisions. Additionally, the Commission needed to assess whether the agreement had been made in good faith and whether it had been appropriately certified by the Australian Building and Construction Commission.

The Commission found that the enterprise agreement contained provisions that met the statutory requirements for approval. The agreement provided for minimum rates of pay that were consistent with the award safety net and included provisions for the protection of employees' rights, including provisions for dispute resolution and unfair dismissal protection. The Commission also found that the agreement had been made in good faith and had been appropriately certified. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the MMW Projects Enterprise Agreement 2021, finding that it met the statutory requirements for approval and had been appropriately certified. The Commission's decision provides clarity for the parties involved and ensures that the agreement provides a fair and reasonable framework for the employment of workers under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established