Murphy Construction Australia Group Pty Ltd T/A MCA Summary

[2021] FWCA 6662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murphy Construction Australia Group Pty Ltd T/A MCA
(AG2021/8194)

MCA GROUP ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the MCA Group Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the MCA Group 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 Murphy Construction Australia Group Pty Ltd T/A MCA. 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] 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 19 November 2021. The nominal expiry date of the Agreement is 11 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Murphy Construction Australia Group Pty Ltd trading as MCA, applied for the approval of the MCA Group Enterprise Agreement 2021. The applicant sought to have the agreement registered under the Fair Work Act 2009. The primary concern was whether the agreement complied with the procedural and substantive requirements of the Act.

The legal issues before the Commission involved assessing the fairness of the terms and conditions outlined in the agreement, including the procedural fairness of how the agreement was reached and whether the agreement was in the best interest of the employees. The Commission had to determine if the agreement met the statutory criteria for approval, such as whether it provided for fair and reasonable terms, and whether it was negotiated in good faith.

The Commission concluded that the agreement was fair and reasonable and had been negotiated in good faith. The procedural fairness was upheld as the applicant had followed the necessary steps in the bargaining process. The Commission also found that the agreement provided for fair and reasonable terms, considering the economic circumstances of the parties and the need to maintain a productive and harmonious workplace. The application was successful, and the agreement was approved for registration.

Accordingly, the Commission approved the application and ordered the registration of the MCA Group Enterprise Agreement 2021 under the Fair Work Act 2009. The decision was made on the basis that the agreement met all statutory requirements and was in the best interest of the employees.

Murphy Construction Australia Group Pty Ltd T/A MCA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established