DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of the ACT T/A Master Builders ACT
(AG2015/6059)

ADVANCED PLUMBING AND DRAINS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Advanced Plumbing and Drains Pty Ltd and Employees Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Plumbing and Drains Pty Ltd and Employees Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of the ACT t/a Master Builders ACT. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 17 November 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Master Builders Association of the ACT, acting as the applicant, seeking approval for the Advanced Plumbing and Drains Pty Ltd and Employees Enterprise Agreement 2015-2019. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission, presided over by Deputy President J C M Rice, was tasked with examining the agreement to determine its compliance with the relevant statutory provisions.

The primary legal issues before the Commission involved assessing the agreement against the criteria set out in the Fair Work Act, particularly sections 232 and 233. The Commission had to determine if the agreement was genuinely a bargain between the parties, if it included any provisions that would result in an employee being worse off overall, and if it complied with the good faith bargaining requirement. Additionally, the Commission needed to evaluate the procedural fairness of the bargaining process and the fairness of the agreement’s terms and conditions.

In its decision, the Commission examined the evidence and submissions presented by both parties. The Master Builders Association argued that certain provisions of the agreement were not fairly negotiated and were detrimental to employees. The Commission concluded that, while some procedural issues were identified, the overall agreement was a genuine bargain and did not result in employees being worse off overall. The Commission found that the parties had engaged in good faith bargaining and that the agreement met the statutory requirements for approval. Consequently, the Commission approved the Advanced Plumbing and Drains Pty Ltd and Employees Enterprise Agreement 2015-2019.

The Fair Work Commission approved the Advanced Plumbing and Drains Pty Ltd and Employees Enterprise Agreement 2015-2019, finding that it met the necessary criteria under the Fair Work Act. The decision highlighted the importance of genuine bargaining, procedural fairness, and the overall impact on employees' terms and conditions. This ruling underscores the Commission’s commitment to ensuring that enterprise agreements are fair and lawful while balancing the interests of both employers and employees.

Master Builders Association of the ACT T/A Master Builders ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established