DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R McFadyen Pipeline Constructions Pty Ltd
(AG2015/5123)

R MCFADYEN PIPELINE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R McFadyen Pipeline Constructions 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Fair Work Commission, the application for approval of the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2015 was considered. The application was brought by R McFadyen Pipeline Constructions Pty Ltd, an employer in the industry, against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred around the approval of a proposed enterprise agreement aimed at regulating the terms and conditions of employment for the workers in the company.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it contained provisions that were contrary to the provisions of the Fair Work Act. This included scrutinising whether the agreement adequately covered the employees' minimum entitlements, allowed for the proper exercise of employee rights, and whether it had been genuinely negotiated between the parties.

In its decision, the Commission examined the specifics of the proposed agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission considered the submissions made by both parties and evaluated whether the agreement had been made in good faith and without coercion. Ultimately, the Commission found that the agreement complied with the statutory requirements and did not contain any provisions that were contrary to the Fair Work Act. The agreement was therefore approved by the Commission.

The Commission's approval of the enterprise agreement signifies that it is now legally binding on the employees and the employer, setting out the terms and conditions of employment for the workers involved. The approval reflects the Commission's satisfaction that the agreement was made in good faith, without any unfair or coercive practices, and that it provides for the fair and reasonable treatment of employees.

R McFadyen Pipeline Constructions 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