Moody Civil & Pipe Pty Ltd

[2022] FWCA 2099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moody Civil & Pipe Pty Ltd

(AG2022/1846)

Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MOLTONI	BRISBANE, 24 JUNE 2022

Application for approval of the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moody Civil & Pipe Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moody Civil & Pipe Pty Ltd recently approached the Fair Work Commission seeking approval of their General Enterprise Agreement 2022. The agreement was proposed by the company and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose as the parties sought to formalise the terms and conditions of employment for workers within the company.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This involved determining if the agreement met the criteria for "registration" under the Act, including whether it provided for a safety net of minimum wages and conditions, and whether it was free from prohibited content. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it adhered to the procedural requirements for approval.

In deliberating on the matter, the Commission found that the agreement was consistent with the statutory framework. The agreement was deemed to provide for a comprehensive safety net and did not include any prohibited content. Furthermore, the evidence presented demonstrated that the agreement had been genuinely negotiated between the parties, and the procedural requirements for approval were met. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legal standards.

The final orders included the registration of the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2022, effective from the date of the decision. This decision ensures that the agreement governs the employment terms for the relevant workers, providing a clear and legally binding framework for their conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established