MSC Construction (Qld) Pty Ltd

[2021] FWCA 5542

[2021] FWCA 5542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSC Construction (Qld) Pty Ltd
(AG2021/6747)

MSC CONSTRUCTION (QLD) PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the MSC Construction (Qld) Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MSC Construction (Qld) Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSC Construction (Qld) 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. The undertakings are taken to be a term of the agreement.

[3] The last date that a covered employee was given the Notice of Employee Representational Rights was 19 days prior to the commencement of voting, rather than 21 days prior to the commencement of voting as required by s.173(2) of the Act. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 7 September 2025.

COMMISSIONER

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Annexure A