DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MRCN Pty Ltd T/A West Force Construction
(AG2015/2329)

WEST FORCE CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 APRIL 2015

Application for approval of the West Force Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the West Force Construction Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MRCN Pty Ltd T/A West Force Construction. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 14 April 2015 and, in accordance with s.54, will operate from 21 April 2015. The nominal expiry date of the Agreement is 14 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were MRCN Pty Ltd, trading as West Force Construction, and a trade union representing the employees. The dispute related to the application for the approval of the West Force Construction Enterprise Agreement 2015. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it complied with the provisions of the Act. The court also had to consider whether the agreement provided for the appropriate minimum entitlements for employees, including pay rates, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the enterprise agreement was made in good faith and complied with the Fair Work Act. The court was satisfied that the agreement provided for the appropriate minimum entitlements for employees and took into account the needs and interests of both the employer and employees. The agreement was approved, and the court considered it to be fair and reasonable. The decision was based on the evidence presented by both parties and the overall balance of the agreement.

As a result of the court's decision, the West Force Construction Enterprise Agreement 2015 was approved and registered. This means that the agreement is legally binding on both the employer and employees, and any disputes that arise under the agreement can be resolved through the Fair Work Commission. The final orders of the court were that the enterprise agreement be approved and registered, and that the application be dismissed.

MRCN Pty Ltd T/A West Force Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established