DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mustang Plant & Labour Pty Ltd T/A Mustang Plant & Labour Pty Ltd
(AG2019/2394)

MUSTANG PLANT & LABOUR PTY LTD ENTERPRISE AGREEMENT 2019 – 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 AUGUST 2019

Application for approval of the Mustang Plant & Labour Pty Ltd Enterprise Agreement 2019 - 2023.

[1] Mustang Plant & Labour Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mustang Plant & Labour Pty Ltd Enterprise Agreement 2019 – 2023 (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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, accompanying statutory declaration and the further information provided by the Employer, 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 21 August 2019 and, in accordance with s 54, will operate from 28 August 2019. The nominal expiry date of the Agreement is 21 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mustang Plant & Labour Pty Ltd, trading as Mustang Plant & Labour, applied to the Fair Work Commission for approval of the Mustang Plant & Labour Pty Ltd Enterprise Agreement 2019-2023. The respondent, the Transport Workers Union of Australia, raised objections to the approval of the agreement. The dispute was heard by the Fair Work Commission, presided over by Deputy President M H Robinson.

The central legal issues that the court had to address were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it met the criteria for being a lawful and fair enterprise agreement. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for a fair and efficient workplace.

The court examined the evidence presented by both parties and the provisions of the agreement. Deputy President M H Robinson concluded that the agreement was made in good faith and met the requirements of the Fair Work Act. The court found that the agreement was fair and efficient, considering the bargaining positions of the parties and the provisions of the agreement. The court also considered the fairness of the agreement to the employees and whether it provided for appropriate mechanisms for resolving workplace disputes.

As a result of the court's decision, the Fair Work Commission approved the Mustang Plant & Labour Pty Ltd Enterprise Agreement 2019-2023. The agreement is now legally binding on both parties and their employees.

Mustang Plant & Labour Pty Ltd T/A Mustang Plant & 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