DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monford Group Pty Ltd
(AG2015/4898)

MONFORD GROUP PTY LTD GENERAL ENTERPRISE AGREEMENT 2015

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

Application for approval of the Monford Group Pty Ltd General Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Monford Group Pty Ltd General 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 Monford Group 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 21 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Monford Group Pty Ltd, which sought approval for its General Enterprise Agreement 2015. This application was brought to ensure the agreement met the necessary legal standards for coverage and fairness. The commission was tasked with determining whether the agreement complied with the provisions of the Fair Work Act 2009.

The central legal issues revolved around whether the agreement appropriately defined the employees it covered and whether it adhered to the criteria for fair and lawful content as stipulated by the Act. The court had to assess if the agreement met the requirements for a valid enterprise agreement, including whether it was negotiated in good faith and provided for fair terms and conditions of employment.

In examining the evidence and arguments presented, the commission concluded that the agreement was comprehensive and properly negotiated. It found that the agreement sufficiently identified the employees it covered and included provisions that were fair and lawful. The commission approved the agreement, emphasising the importance of fair work practices and the need for compliance with legislative standards. The approval marked a significant step in ensuring that the agreement would operate effectively within the legal framework.

Monford Group 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