Moody Civil & Pipe Pty Ltd Summary

[2013] FWCA 3465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Moody Civil & Pipe Pty Ltd
(AG2013/1274)

MOODY CIVIL & PIPE PTY LTD GENERAL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 MAY 2013

Application for approval of the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 May 2013 by Moody Civil & Pipe Pty Ltd for the approval of a single-enterprise agreement known as the Moody Civil & Pipe Pty Ltd General Enterprise Agreement 2013 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moody Civil & Pipe Pty Ltd sought approval of its General Enterprise Agreement 2013 from the Fair Work Commission. The application was brought before the Commission to ascertain if the agreement met the requirements of the Fair Work Act 2009. The legal issues revolved around whether the agreement had been fairly negotiated, was in the best interests of the employees, and met all the statutory criteria for approval. The primary concern was whether the agreement adequately represented the interests of the employees and complied with the relevant legislative provisions.

The Commission examined the process of negotiation and the content of the agreement, ensuring it covered all mandated terms and conditions. It considered the fairness of the agreement by evaluating if it met the standards of good faith and if it provided adequate protections for employees. Additionally, the Commission assessed whether the agreement was in the best interests of the employees, taking into account any potential economic and social benefits or detriments. The court held that the negotiation process was transparent and inclusive, and the agreement itself was fair and met the statutory criteria. Consequently, the application was approved.

The Fair Work Commission approved the General Enterprise Agreement 2013, finding it met all statutory requirements and was in the best interests of the employees. The agreement was considered to be fairly negotiated, adequately representing the interests of the employees, and compliant with the Fair Work Act 2009. The decision was based on the evidence provided, which demonstrated the thoroughness of the negotiation process and the comprehensive nature of the agreement. The approval of the agreement was in line with the legislative framework, ensuring the protection and fair treatment of employees within the enterprise.

Moody Civil & Pipe Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established