DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of New South Wales, The
(AG2017/1735)

MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES SENIOR STAFF ENTERPRISE AGREEMENT 2017 - 2021

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MAY 2017

Application for approval of the Master Builders Association of New South Wales Senior Staff Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Master Builders Association of New South Wales Senior Staff Enterprise Agreement 2017 - 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 Master Builders’ Association of New South Wales. 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 26 May 2017 and, in accordance with s.54, will operate from 2 June 2017. The nominal expiry date of the Agreement is 26 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Master Builders' Association of New South Wales, which sought approval for the Master Builders Association of New South Wales Senior Staff Enterprise Agreement 2017-2021. The application was made to the Fair Work Commission, which is the federal workplace relations tribunal with jurisdiction over such matters. The nature of the dispute centred around the terms and conditions of employment for senior staff within the association and whether these terms complied with the relevant federal workplace legislation.

The primary legal issues before the Commission were whether the proposed enterprise agreement provided for the fair and equitable treatment of employees, and whether it met the "better off overall test" under the Fair Work Act 2009. This test requires that the proposed agreement must, on balance, be no less favourable to the employees than the existing terms of employment or any applicable award or registered agreement. The Commission also considered the compliance of the agreement with other legislative provisions, including those relating to minimum wages, penalty rates, and maximum weekly hours.

In determining the application, the Fair Work Commission examined the evidence presented by the parties, including submissions on the economic impact of the proposed agreement and the views of the employees. The Commission found that the proposed agreement was fair and equitable and met the better off overall test. It considered the provisions for wages, penalty rates, leave entitlements, and other terms and conditions to be reasonable and in line with the needs of the industry and the workforce. The Commission also noted the efforts made by the association to consult with employee representatives and the positive feedback from the majority of the employees. Based on these findings, the Commission approved the enterprise agreement, and the application was accordingly successful.

The final orders of the Commission included the approval of the Master Builders Association of New South Wales Senior Staff Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees within the association. The decision was binding on the parties and marked the formal conclusion of the application process.

Master Builders’ Association of New South Wales, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established