DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M.B. Pre-Fab Framing Pty Ltd
(AG2015/7791)

MB PREFAB PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2016

Application for approval of the MB Prefab Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MB Prefab 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 M.B. Pre-Fab Framing 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 January 2016 and, in accordance with s.54, will operate from 3 February 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the MB Prefab Pty Ltd Enterprise Agreement 2015 was heard in the Fair Work Commission. The applicant, M.B. Pre-Fab Framing Pty Ltd, sought approval of an enterprise agreement with their employees. The respondents included the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees, and the Australian Building and Construction Commission, which raised objections to certain provisions of the agreement.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Australian Building and Construction Commission objected to certain provisions of the agreement, arguing they did not meet the "better off overall test" and contained terms that were unfair. The Commission had to determine if the provisions met the statutory criteria for approval, including whether the agreement was in the interests of employees and provided a fair and efficient means of resolving workplace issues.

The Commission examined the provisions in detail, considering the "better off overall test" which requires that employees be no worse off and at least some employees be better off under the proposed agreement compared to the applicable awards or existing agreements. The Commission also assessed whether the agreement contained unfair terms, taking into account the nature of the employment relationship and any power imbalances. After reviewing the submissions and evidence, the Commission found that the agreement satisfied the necessary criteria for approval. The terms were deemed fair, and the employees were better off overall under the proposed agreement.

In conclusion, the Fair Work Commission approved the MB Prefab Pty Ltd Enterprise Agreement 2015, finding it met the requirements under the Fair Work Act. The agreement was deemed fair and in the interests of the employees, and it provided an efficient means of resolving workplace issues. The objections raised by the Australian Building and Construction Commission were not upheld.

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