DECISION

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

Mozaf Pty Ltd T/A Active Excavation Works
(AG2014/10305)

MOZAF PTY LTD T/AS ACTIVE EXCAVATION WORKS ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2015

Application for approval of the Mozaf Pty Ltd t/as Active Excavation Works Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Mozaf Pty Ltd t/as Active Excavation Works Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mozaf Pty Ltd t/as Active Excavation Works (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 17 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

Mozaf Pty Ltd, trading as Active Excavation Works, applied for approval of the Enterprise Agreement 2014-2018. The application was heard in the Fair Work Commission, which has the authority to approve such agreements if they meet certain criteria, including the absence of any sham provisions and the agreement of all parties involved. The parties included Mozaf Pty Ltd and the excavation workers represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement was genuinely negotiated and if it met the standards set forth under the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the Enterprise Agreement was a genuine product of negotiations and whether it complied with the statutory requirements. The court examined the process of negotiation, the content of the agreement, and if it provided fair and reasonable terms for the employees. The CFMEU argued that the agreement did not reflect genuine negotiations and contained provisions that were not in the best interests of the employees.

The Fair Work Commission found that the Enterprise Agreement was indeed a product of genuine negotiations and that it provided fair and reasonable terms for the employees. The court concluded that the negotiation process was transparent, and the agreement contained provisions that were beneficial to both parties. The Commission approved the Enterprise Agreement, emphasising the importance of fair and genuine negotiations in the context of workplace agreements.

No further orders were made by the Commission as the primary issue of approval had been resolved. The approval of the Enterprise Agreement ensures that the terms and conditions of employment for the excavation workers are regulated by the agreed terms, which are considered fair and reasonable by the Commission. This decision sets a precedent for future negotiations between Mozaf Pty Ltd and the CFMEU, highlighting the importance of genuine negotiation processes and compliance with the statutory requirements under the Fair Work Act 2009.

Mozaf Pty Ltd T/A Active Excavation Works

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established