DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M.B. Pre-Fab Framing Pty Ltd
(AG2014/10303)

MB PREFAB PTY LTD ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 20 JANUARY 2015

Application for approval of the MB Prefab Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the MB Prefab Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M.B. Pre-Fab Framing Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2015. The nominal expiry date of the Agreement is 24 November 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

M.B. Pre-Fab Framing Pty Ltd, a company involved in the prefabrication industry, applied for approval of the MB Prefab Pty Ltd Enterprise Agreement 2014. The applicant, representing the employer, sought to finalise the agreement which was intended to govern the employment terms and conditions of the company's workers. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009, specifically focusing on whether it met the requirements for a simple or low-paid enterprise agreement.

The primary legal issue was whether the enterprise agreement provided adequate terms and conditions for the employees and whether it adhered to the statutory requirements for a low-paid enterprise agreement. The court had to assess the agreement's provisions concerning minimum wages, penalty rates, and other conditions of employment to determine if they met the statutory standards. Additionally, the court examined whether the agreement was made in good faith and whether the necessary consultation processes were followed.

The Fair Work Commission concluded that the enterprise agreement met the necessary statutory requirements for a low-paid enterprise agreement. The court found that the agreement provided appropriate terms and conditions for employees, including fair wages and reasonable working hours, which aligned with the provisions of the Fair Work Act. The Commission also determined that the agreement was made in good faith and that the consultation processes were adequately followed. Therefore, the application for approval of the enterprise agreement was granted, and it was registered under the Act.

M.B. Pre-Fab Framing 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