DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moody Civil & Pipe Pty Ltd
(AG2018/74)

MOODY CIVIL & PIPE PTY LTD GENERAL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2018

Application for approval of the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2017 (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 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, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 30 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moody Civil & Pipe Pty Ltd was involved in an application before the Fair Work Commission, seeking approval of the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2017. The parties involved were Moody Civil & Pipe Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the minimum entitlements under the National Employment Standards and whether the agreement was made in good faith and covered all relevant employees. The Commission also considered whether the agreement provided for a fair and efficient workplace and whether it adequately protected the interests of employees.

The Commission determined that the agreement was made in good faith and covered all relevant employees. It found that the agreement provided for terms and conditions that were no less favourable than the applicable minimum entitlements under the National Employment Standards. The Commission was satisfied that the agreement was fair and efficient, and it approved the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2017. The decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties.

The Fair Work Commission approved the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2017, finding it to be compliant with the Fair Work Act 2009 and meeting the necessary requirements for good faith and fairness. The agreement was deemed to provide for adequate terms and conditions of employment, ensuring that the interests of both the employer and employees were appropriately balanced.

Moody Civil & Pipe 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