DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monford Constructions Pty Ltd
(AG2020/1933)

MONFORD CONSTRUCTIONS PTY LTD EMPLOYEE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 SEPTEMBER 2020

Application for approval of the Monford Constructions Pty Ltd Employee Agreement 2020.

[1] Monford Constructions Pty Ltd has made an application for the approval of an enterprise agreement known as the Monford Constructions Pty Ltd Employee Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and 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 Applicant sought an amendment to the application, under s 586 of the Act, in order to provide a corrected signature page. The amendment was sought on the basis that any errors in the signature page were minor and administrative in nature. Having considered the reasons provided, the amendment is granted, and an updated signature page is included in the Agreement.

[6] The Agreement was approved on 11 September 2020, and, in accordance with s 54, will operate from 18 September 2020. The nominal expiry date of the Agreement is 11 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monford Constructions Pty Ltd applied for the approval of the Monford Constructions Pty Ltd Employee Agreement 2020 under section 231 of the Fair Work Act 2009. The applicant argued that the proposed agreement would promote harmonious, productive, and cooperative workplace relationships. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contended that the proposed agreement did not meet the requirements of section 231(1) of the Fair Work Act, as it would not promote harmonious, productive, and cooperative workplace relationships.

The court examined the provisions of the proposed agreement and the arguments of both parties. It considered whether the agreement would lead to a more harmonious, productive, and cooperative workplace. The court found that the agreement contained provisions that could be seen as promoting such relationships, including mechanisms for dispute resolution and provisions for employee participation in decision-making. However, the court also noted that some provisions could potentially lead to conflict, such as those related to redundancy and termination. Ultimately, the court concluded that the overall effect of the agreement was to promote harmonious, productive, and cooperative workplace relationships.

The court approved the application, finding that the benefits of the agreement in promoting harmonious, productive, and cooperative workplace relationships outweighed any potential drawbacks. The court emphasised the importance of the parties working together to ensure that the agreement was implemented effectively and that any issues that arose were dealt with in a cooperative manner. The court also noted that its approval was subject to the agreement being registered with the Fair Work Commission, and that the agreement would be reviewed in the future to ensure that it continued to meet the requirements of the Fair Work Act.

Monford 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