DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For The McCaig Unit Trust T/A McCaig Air Conditioning
(AG2018/1522)

MCCAIG PTY LTD ENTERPRISE AGREEMENT 2018-2021

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2018

Application for approval of the McCaig Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the McCaig Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee For The McCaig Unit Trust T/A McCaig Air Conditioning. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for the McCaig Unit Trust, trading as McCaig Air Conditioning, sought approval of the McCaig Pty Ltd Enterprise Agreement 2018-2021 from the Fair Work Commission. The trustee argued that the agreement was made in good faith and that it contained terms and conditions that were fair and reasonable. The application for approval was contested by the Australian Manufacturing Workers' Union, which claimed that certain provisions in the agreement were unfair and did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained terms and conditions that were fair and reasonable. The Commission also had to consider whether the agreement complied with the provisions of the Act regarding the scope of bargaining and the process for making the agreement.

The Fair Work Commission found that the Enterprise Agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement was the result of genuine and meaningful negotiations between the parties and that it addressed a range of issues relevant to the employees covered by the agreement. The Commission also found that the agreement complied with the requirements of the Fair Work Act regarding the scope of bargaining and the process for making the agreement. Accordingly, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the McCaig Pty Ltd Enterprise Agreement 2018-2021, finding that it was made in good faith and contained terms and conditions that were fair and reasonable. The Commission also found that the agreement complied with the requirements of the Fair Work Act regarding the scope of bargaining and the process for making the agreement. The approval of the agreement means that it will now be legally binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement.

The Trustee For The McCaig Unit Trust T/A McCaig Air Conditioning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established