Morala Constructions Pty Ltd

[2018] FWCA 778

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Morala Constructions Pty Ltd

(AG2018/120)

Morala Constructions Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 6 FEBRUARY 2018

Application for approval of the Morala Constructions Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Morala Constructions 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 Morala Constructions Pty Ltd. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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Morala Constructions Pty Ltd applied to the Fair Work Commission for approval of the Morala Constructions Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees. The primary dispute involved the terms of the enterprise agreement, particularly whether they complied with the relevant provisions of the Fair Work Act 2009. The court had to determine if the agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions and if it was free from any prohibited content.

The legal issues that the court needed to decide centred on the compliance of the agreement with the Fair Work Act 2009. Specifically, the court examined whether the agreement provided for minimum terms and conditions of employment, if it contained any prohibited content such as discrimination or unjustifiable hardship, and whether it was certified by an independent certifier as meeting the requirements of the Act. The court also needed to consider whether the agreement was made in good faith and whether it was procedurally fair in its creation.

The Fair Work Commission found that the Morala Constructions Enterprise Agreement 2017 was compliant with the statutory requirements for approval. The court concluded that the agreement provided for the minimum terms and conditions of employment and did not contain any prohibited content. The court further found that the agreement was certified by an independent certifier as meeting the requirements of the Fair Work Act 2009, and that it was made in good faith and was procedurally fair in its creation. As a result, the court approved the enterprise agreement, finding it to be compliant with the relevant statutory provisions.

The final orders of the court were that the Morala Constructions Enterprise Agreement 2017 be approved in accordance with section 231 of the Fair Work Act 2009. The court directed that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the approval. The court also directed that the parties comply with the provisions of the agreement and that any disputes arising under the agreement would be dealt with in accordance with the dispute resolution procedures set out in the agreement.

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