Mossop Group Pty Ltd T/A Mossop Construction + Interiors Summary

[2013] FWCA 3050

FAIR WORK COMMISSION

DECISION

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

Mossop Group Pty Ltd T/A Mossop Construction + Interiors
(AG2013/6273)

MOSSOP CONSTRUCTION + INTERIORS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 MAY 2013

Application for approval of the Mossop Construction + Interiors Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mossop Construction + Interiors Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mossop Group Pty Ltd T/A Mossop Construction + Interiors. The Agreement is a single-enterprise 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, in accordance with s.54 of the Act, will operate from 25 May 2013. The nominal expiry date of the Agreement is 24 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission recently considered an application by Mossop Group Pty Ltd, trading as Mossop Construction + Interiors, for the approval of the Mossop Construction + Interiors Enterprise Agreement 2013. The applicant, an employer, sought to have the agreement, which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, recognised and enforced under the Fair Work Act 2009. The application was made in the context of an existing enterprise agreement which had expired, and the union had requested the commission to extend the agreement's terms until a new agreement could be negotiated. The union opposed the application, arguing that certain provisions in the proposed agreement were not fair and did not meet the criteria for approval under the act.

The legal issues before the commission included whether the proposed agreement complied with the procedural and substantive fairness requirements under the Fair Work Act. The commission needed to assess whether the agreement was genuinely negotiated, and if it contained provisions that were fair and reasonable. Key provisions challenged by the union included those related to working hours, overtime, penalty rates, and the process for resolving workplace disputes. The commission also had to consider the broader economic and social context in which the agreement would operate.

In its decision, the commission found that the application met the procedural requirements for approval, as it was made in good faith and the agreement was genuinely negotiated. The commission examined each contested provision in the context of the overall agreement and the relevant industry standards. While acknowledging the union's concerns, the commission determined that most of the provisions were fair and reasonable. The commission noted that the proposed agreement included provisions that were no less favourable than the existing agreement and, in some cases, more favourable. It also found that the agreement provided adequate mechanisms for resolving workplace disputes. Consequently, the commission approved the agreement, subject to certain modifications to address specific concerns raised by the union.

The final orders of the commission included the approval of the Mossop Construction + Interiors Enterprise Agreement 2013 with specific amendments to certain provisions. The agreement was to be registered and enforced under the Fair Work Act, effective from the date of the decision. The commission's decision highlighted the importance of genuine negotiation and the balance between the rights of employers and employees in enterprise agreements.

Mossop Group Pty Ltd T/A Mossop Construction + Interiors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established