DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mustang Machines and Labour Pty Ltd
(AG2021/5150)

MUSTANG MACHINES AND LABOUR PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 MAY 2021

Application for approval of the Mustang Machines and Labour Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Mustang Machines and Labour Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mustang Machines and Labour Pty Ltd. The Agreement is a single enterprise agreement.

[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 1 June 2021. The nominal expiry date of the Agreement is 24 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mustang Machines and Labour Pty Ltd, an employer, applied for approval of a proposed enterprise agreement with its employees, represented by the United Voice union. The dispute centred on whether the proposed agreement complied with the relevant industrial legislation and whether it provided for appropriate terms and conditions for the employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained all the mandatory terms required by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it provided for appropriate mechanisms for resolving workplace disputes. The Commission also had to consider whether the agreement was likely to achieve a better outcome for the employees in terms of wages, conditions, and other benefits.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement did contain all the mandatory terms required by the Act. The Commission was satisfied that the agreement was made in good faith and provided for appropriate mechanisms for resolving workplace disputes. The Commission also found that the agreement was likely to achieve a better outcome for the employees in terms of wages, conditions, and other benefits. As a result, the Commission approved the proposed enterprise agreement.

The Commission made an order approving the Mustang Machines and Labour Pty Ltd Enterprise Agreement 2021 - 2025, subject to certain conditions. The agreement is to be registered with the Fair Work Commission and will be binding on all employees covered by the agreement. The employer and the union are required to take all necessary steps to give effect to the agreement and to ensure that it is complied with by all parties. The agreement will remain in force until it is varied or replaced by a new agreement.

Mustang Machines and Labour 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