DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moggill Constructions Pty Ltd
(AG2015/4934)

MOGGILL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the Moggill Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Moggill Constructions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moggill Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Moggill Constructions Pty Ltd, sought approval of their Enterprise Agreement 2015, which had been registered with the Fair Work Commission. The respondent, the Building and Construction Union of Australia, challenged the agreement's validity on various grounds, including its compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining the merits of the application.

The primary legal issues centred on whether the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act. This included assessing whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions for employees within the construction industry. Additionally, the Commission examined whether the agreement was appropriately registered and whether any procedural flaws existed in the application process.

In delivering its decision, the Commission thoroughly examined the evidence and submissions presented by both parties. It found that the Enterprise Agreement 2015 met the legislative criteria for approval, including being made in good faith and containing all mandatory minimum terms. The Commission also confirmed that there were no procedural defects in the registration process, thereby upholding the validity of the agreement. Consequently, the application was approved, and the Enterprise Agreement 2015 was deemed legally binding.

The Fair Work Commission ordered that the Moggill Constructions Pty Ltd Enterprise Agreement 2015 be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. The decision affirmed the agreement's compliance with all relevant legal requirements, ensuring its enforceability in the specified industry.

Moggill Constructions 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