Mundey’s Contractors Pty Ltd Summary

[2021] FWCA 6764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mundey’s Contractors Pty Ltd
(AG2021/8168)

APPLICATION FOR APPROVAL OF THE MUNDEYS CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 NOVEMBER 2021

Application for approval of the Mundeys Contractors Pty Ltd Enterprise Agreement 2021

[1] Mundey’s Contractors Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mundeys Contractors Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, and having heard from the parties, 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.

[4] The Agreement was approved on 19 November 2021 and, in accordance with s 54, will operate from 26 November 2021. The nominal expiry date of the Agreement is 19 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Mundey’s Contractors Pty Ltd Enterprise Agreement 2021. The applicant, Mundey’s Contractors Pty Ltd, sought approval of the agreement from the Fair Work Commission (FWC). The application was contested by the Transport Workers Union of Australia (TWU) and the Building and Construction General Employees and Builders Labourers’ Union (BCGE&BLU), who raised concerns about certain provisions within the agreement. The matter was heard by the FWC.

The key legal issues before the FWC were whether the provisions in question complied with the Fair Work Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009. The unions argued that some provisions were unfair, not genuinely negotiated, or otherwise non-compliant. The FWC needed to determine if these provisions met the statutory requirements for approval and if the agreement was fair and reasonable in all its aspects.

The FWC carefully considered the provisions raised by the unions, examining each clause in the context of the relevant legislation and case law. The FWC concluded that while some of the contested provisions required minor amendments to ensure compliance, the overall agreement was fair and reasonable. The FWC made several modifications to specific clauses to address the unions' concerns. With these changes, the FWC approved the Mundey’s Contractors Pty Ltd Enterprise Agreement 2021. The FWC’s decision was based on a balance between the parties' bargaining power and the need to ensure fairness and reasonableness in the agreement.

Mundey’s Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established