Demolition Plus Contracting Pty Limited T/A Master Builders Association Of NSW

[2023] FWCA 1996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Demolition Plus Contracting Pty Limited T/A Master Builders Association Of NSW

(AG2023/2009)

DEMOLITION PLUS CONTRACTING PTY LIMITED ENTERPRISE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 4 JULY 2023

Application for approval of the Demolition Plus Contracting Pty Limited Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Demolition Plus Contracting Pty Limited Enterprise Agreement 2023-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Demolition Plus Contracting Pty Limited T/A Master Builders Association Of NSW.

The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2023. The nominal expiry date of the Agreement is 11 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Demolition Plus Contracting Pty Limited, trading as the Master Builders Association of NSW, which applied to the Fair Work Commission for approval of their Enterprise Agreement 2023-2027. The agreement in question aimed to govern the terms and conditions of employment for workers within the specified period. The Commission was tasked with assessing whether the agreement complied with the necessary legal standards and provisions under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to address were whether the agreement met the requirements for a certified agreement, specifically considering provisions relating to wages, conditions, and the process of agreement-making. The Commission needed to ensure that the agreement was not less favourable than the applicable award or safety net award and that it was made in accordance with the relevant legislative provisions. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy.

The Fair Work Commission found that the Enterprise Agreement 2023-2027 complied with the statutory requirements and did not contain any provisions that were contrary to public policy. The Commission noted that the agreement was made in good faith and contained provisions that were not less favourable than the applicable safety net award. Furthermore, the process of agreement-making was deemed to be fair and appropriate. Consequently, the Commission approved the agreement, recognising it as a lawful and binding enterprise agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement 2023-2027, confirming its compliance with the necessary legal standards and provisions. The approval signifies that the agreement will govern the terms and conditions of employment for the workers within the specified period. The Commission's decision ensures that the agreement is a valid and binding enterprise agreement, providing a framework for the relationship between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established