DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MRS Services Group Pty Ltd
(AG2019/2261)

MRS SG CIVIL AND EARTHWORKS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 JULY 2019

Application for approval of the MRS SG Civil and Earthworks Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the MRS SG Civil and Earthworks Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MRS Services Group Pty Ltd.

[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 6 August 2019. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

MRS Services Group Pty Ltd sought approval of the MRS SG Civil and Earthworks Enterprise Agreement 2019. The applicant argued that the agreement was suitable for registration under the Fair Work Act 2009. The application was opposed by various unions, who contended that the agreement was not in the best interests of the employees as it provided for inadequate pay and conditions. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Act.

The Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. The key issue was whether the agreement was likely to provide for fair and effective workplace relations. The Commission found that the agreement contained provisions that were not in the best interests of the employees, as they provided for lower pay and conditions than those set out in relevant awards. The Commission also noted that the agreement did not adequately protect employees' rights to raise health and safety concerns. However, the Commission found that the agreement did provide for fair and effective workplace relations in other respects, such as by providing for a transparent dispute resolution process.

Ultimately, the Commission decided that the agreement was not suitable for approval in its current form. However, the Commission was satisfied that the applicant was willing to negotiate with the unions to address the concerns raised. The Commission therefore made an order that the agreement be returned to the parties for further negotiation, with a direction that the parties endeavour to reach an agreement that met the criteria for approval under the Act.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements provide for fair and effective workplace relations. The Commission found that the agreement in this case did not adequately protect employees' rights and interests, and was therefore not suitable for approval. However, the Commission also recognised that the applicant was willing to negotiate with the unions to address these concerns, and directed the parties to endeavour to reach an agreement that met the criteria for approval. This decision serves as a reminder to employers and unions of the importance of reaching agreements that are in the best interests of employees.

MRS Services Group 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