R.E. McMahon Pty Ltd

[2014] FWCA 5260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

R.E. McMahon Pty Ltd
(AG2014/1650)

R.E. MCMAHON PTY LTD PLUMBERS AND TRADE ASSISTANTS COLLECTIVE AGREEMENT 2014-2016

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2014

Application for approval of the R.E. McMahon Pty Ltd Plumbers and Trade Assistants Collective Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the R.E. McMahon Pty Ltd Plumbers and Trade Assistants Collective Agreement 2014-2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.E. McMahon Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is two (2) years.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were R.E. McMahon Pty Ltd and the Australian Building and Construction Commission. The dispute centred around the approval of the R.E. McMahon Pty Ltd Plumbers and Trade Assistants Collective Agreement 2014-2016. The case was heard in the Fair Work Commission.

The central legal issues the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it complied with the requirements for good faith bargaining, and whether it contained terms that were necessary to protect the interests of the employees and the employer. Additionally, the court had to consider if the agreement was in the best interests of the employees and the employer, and if it provided for fair and reasonable terms and conditions.

In delivering the decision, the court examined the bargaining process and the content of the agreement. It found that the agreement was the product of genuine and reasonable negotiations between the parties, and that it contained terms that were necessary to protect the interests of both the employees and the employer. The court also found that the agreement was in the best interests of the employees and the employer, and that it provided for fair and reasonable terms and conditions. The court approved the agreement based on these findings.

The court ordered the approval of the R.E. McMahon Pty Ltd Plumbers and Trade Assistants Collective Agreement 2014-2016. The agreement was to be registered with the Fair Work Commission and would be in effect for the period of two years from the date of approval. The court also ordered that any disputes arising from the agreement would be resolved through the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established