DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Modscape Residential Pty Ltd
(AG2019/3662)

MODSCAPE RESIDENTIAL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 OCTOBER 2019

Application for approval of the Modscape Residential Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Modscape Residential Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Modscape Residential Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2019. The nominal expiry date of the Agreement is 10 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Modscape Residential Pty Ltd sought approval of the Modscape Residential Pty Ltd Enterprise Agreement 2019 before the Fair Work Commission. The applicant, a construction company, aimed to have the enterprise agreement registered to apply to its employees. The dispute centred around the provisions of the proposed agreement and whether it complied with the requirements set out in the Fair Work Act 2009. The Commission was required to assess the fairness of the agreement, its compliance with statutory obligations, and whether it adhered to the procedural prerequisites for registration.

The primary legal issues for determination included whether the agreement was genuinely negotiated, if it included the minimum terms and conditions as required by law, and whether it was free from any illegality or unfairness. The applicant argued that the agreement was the product of genuine bargaining and satisfied all legal requirements. Conversely, there were concerns regarding the inclusion of certain clauses and the procedural fairness in the negotiation process.

The Fair Work Commission, after thorough examination, found that the agreement was genuinely negotiated and met the statutory requirements. It held that the agreement contained all necessary minimum terms and conditions and was not unfair. The Commission also found that there were no procedural irregularities that would invalidate the agreement. Consequently, the application was approved, and the enterprise agreement was registered under the Fair Work Act.

The final orders included the registration of the Modscape Residential Pty Ltd Enterprise Agreement 2019, effective from the date of the decision, and the mandating of its application to the employees of Modscape Residential Pty Ltd.

Modscape Residential Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established