R McFadyen Pipeline Constructions Pty Ltd

[2023] FWCA 907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

R McFadyen Pipeline Constructions Pty Ltd

(AG2023/587)

R MCFADYEN PIPELINE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 27 MARCH 2023

Application for approval of the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2023

R McFadyen Pipeline Constructions Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, R McFadyen Pipeline Constructions Pty Ltd, sought approval of an enterprise agreement. The agreement, titled "R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2023," was submitted for consideration under the Fair Work Act 2009. The applicant, a pipeline construction company, aimed to establish terms and conditions of employment for its employees, who are predominantly involved in pipeline construction activities.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act, particularly concerning the "better off overall test" (BOOT) and procedural fairness. The Commission needed to determine if the agreement provided employees with conditions at least as favourable as those provided under applicable awards or agreements, and whether the process for the agreement's formation was fair and lawful.

The Fair Work Commission found that the proposed agreement did indeed meet the BOOT, as it provided employees with terms and conditions that were at least as good as those provided under the applicable awards or agreements. The Commission also determined that the process for forming the agreement was procedurally fair, as there was adequate consultation and participation by the employees. Consequently, the Commission approved the "R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2023," effective from the date of the decision. This approval ensures that the agreement will legally govern the terms and conditions of employment for the employees of R McFadyen Pipeline Constructions Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established