DECISION

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

MPR Scaffolding Pty Ltd
(AG2015/3287)

MPR SCAFFOLDING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 JULY 2015

Application for approval of the MPR Scaffolding Pty Ltd and Employees Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the MPR Scaffolding Pty Ltd and Employees Enterprise Agreement 2015-2019 the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MPR Scaffolding Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2015. The nominal expiry date of the Agreement is 28 July 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of MPR Scaffolding Pty Ltd, the Fair Work Commission was presented with an application for the approval of the MPR Scaffolding Pty Ltd and Employees Enterprise Agreement 2015-2019. The dispute arose between MPR Scaffolding Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The crux of the disagreement centred on the terms and conditions outlined in the proposed enterprise agreement, which the union sought to have ratified.

The primary legal issues the Commission needed to address involved the compliance of the proposed agreement with the requirements set out under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the "better off overall test" (BOOT) which ensures that employees are no worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement adhered to the procedural fairness requirements, including proper consultation with the employees and the union, and whether it contained all the mandatory terms stipulated by the Act.

In delivering its decision, the Commission meticulously reviewed the provisions of the proposed agreement and the evidence presented regarding the consultation process. It found that the agreement did indeed meet the BOOT, as the employees would experience no financial detriment and would benefit from specific improvements. The Commission also concluded that the employer had fulfilled the necessary procedural requirements, including adequate consultation with the union. Consequently, the application for approval was successful, and the Commission certified the enterprise agreement as meeting the statutory requirements.

The final orders of the Commission included the certification of the MPR Scaffolding Pty Ltd and Employees Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to govern the employment terms and conditions between MPR Scaffolding Pty Ltd and its employees, subject to the provisions of the Fair Work Act and the certified agreement.

MPR Scaffolding 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