DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MPC Group Labour Pty Ltd
(AG2019/1514)

MPC GROUP LABOUR VICTORIAN ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 9 JULY 2019

Application for approval of the MPC Group Labour Victorian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MPC Group Labour Victorian Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MPC Group Labour Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MPC Group Labour Pty Ltd applied to the Fair Work Commission for approval of the MPC Group Labour Victorian Enterprise Agreement 2019. The applicant sought to have the agreement registered and certified as a single-employer enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the procedural and substantive requirements of the Act and whether it should be approved and registered.

The central legal issue before the Commission was whether the agreement met the necessary procedural standards, including whether it had been negotiated in good faith and whether the appropriate consultation had taken place with the employees. Additionally, the Commission had to assess whether the terms of the agreement met the substantive requirements of the Act, including ensuring that they were fair and reasonable and did not undermine the minimum standards provided by the National Employment Standards and the National Minimum Wage System.

The Commission found that the agreement had been negotiated in good faith, with adequate consultation and participation of the employees. The procedural requirements were satisfied as the agreement had been made following the appropriate processes. Regarding the substantive requirements, the Commission held that the terms of the agreement were fair and reasonable. The agreement provided for appropriate conditions, including minimum wages, leave entitlements, and other employment terms, that did not fall below the minimum standards set by the Act. Consequently, the Commission approved the application and registered the MPC Group Labour Victorian Enterprise Agreement 2019 as a single-employer enterprise agreement.

The final order of the Commission was that the MPC Group Labour Victorian Enterprise Agreement 2019 be registered and certified as a single-employer enterprise agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and would remain in force until superseded by a new agreement or terminated in accordance with the Act.

MPC Group Labour Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established