DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murphy Construction Australia Group Pty Ltd T/A MCA
(AG2017/3794)

MCA GROUP ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the MCA Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MCA Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murphy Construction Australia Group Pty Ltd T/A MCA. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 22 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Murphy Construction Australia Group Pty Ltd T/A MCA, the Fair Work Commission was presented with an application for the approval of the MCA Group Enterprise Agreement 2017. The applicant sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application came before the Commission in light of the specific provisions outlined in the Act that govern the process and criteria for the approval of such agreements. The nature of the dispute involved the procedural fairness and compliance of the agreement with the legislative requirements, particularly focusing on the consultation process and the manner in which the agreement was presented to the employees.

The central legal issues that the Commission had to address included whether the applicant had complied with the mandatory requirements for genuine consultation with the employees as stipulated in the Act. Additionally, the Commission needed to determine if the agreement met the criteria for registration, including whether it provided for the proper terms and conditions of employment and if it had been fairly negotiated. The applicant argued that the agreement had been developed through a robust consultation process and that it provided for fair and reasonable terms for the employees. The Commission was tasked with examining the evidence provided and assessing the overall fairness and compliance of the agreement with the statutory requirements.

After considering the evidence presented by both parties, the Commission found that the applicant had not adequately demonstrated that it had fulfilled the mandatory consultation obligations under the Act. The Commission was particularly concerned with the lack of proper documentation and evidence that the consultation process was both genuine and comprehensive. Furthermore, the Commission determined that the agreement did not sufficiently address certain key terms and conditions of employment, which were essential for a fair and balanced agreement. Consequently, the application for approval of the MCA Group Enterprise Agreement 2017 was dismissed. The Commission's decision highlighted the importance of thorough and transparent consultation processes in the negotiation and registration of enterprise agreements.

Murphy Construction Australia Group Pty Ltd T/A MCA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established