DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mossop Group Pty Ltd T/A Mossop Construction + Interiors
(AG2019/4660)

MOSSOP GROUP PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2019

Application for approval of the Mossop Group Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mossop Group Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mossop Group Pty Ltd T/A Mossop Construction + Interiors. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 December 2019.

[3] On 18 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 December 2019. The undertaking deals with the following topics:

• The Company and an employee may agree to substitute another day (or part-day) for a day (or part-day) that would otherwise be a public holiday under the NES. The prescriptions of this clause will apply to the substituted day (or part-day).

• The Agreement will not cover weekly hire employees, any reference to ‘Daily and Weekly hire employees’ in clauses 11.3.1 and 11.4.1 of the Agreement is replaced with ‘Daily hire employees’.

• Ordinary hours of work under the Agreement will not exceed 8 hours per day.

• Employees who are required by the Applicant to attend training outside ordinary hours will be paid the applicable overtime rate.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 19 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of Mossop Group Pty Ltd T/A Mossop Construction + Interiors, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The Mossop Group sought approval of the Enterprise Agreement 2019, which detailed various terms and conditions of employment. The employees were represented by a union, which contested certain provisions of the agreement, particularly those related to penalty rates and overtime.

The central legal issue before the Commission was whether the provisions of the Enterprise Agreement 2019 complied with the relevant provisions of the Fair Work Act 2009. This involved scrutinising whether the agreement met the good faith bargaining requirements and if it provided adequate protections and benefits for the employees. The union argued that several clauses did not adequately safeguard employee entitlements, particularly concerning overtime and penalty rates.

The Fair Work Commission found that, while most provisions of the agreement were in good faith and aligned with the statutory framework, certain clauses required modification to ensure compliance with the Fair Work Act. The Commission emphasised the importance of maintaining a balance between the interests of the employer and the fair treatment of employees. Consequently, the Commission made specific amendments to the agreement, particularly in relation to the contested clauses. Ultimately, the Commission approved the enterprise agreement with the modifications, ensuring it met the necessary legal standards for fairness and compliance.

The final orders included specific amendments to the Enterprise Agreement 2019, ensuring compliance with the Fair Work Act. The agreement was approved subject to these changes, reflecting the Commission's determination to uphold the rights and protections of the employees while recognising the legitimate interests of the employer.

Mossop Group Pty Ltd T/A Mossop Construction + Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established