DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of the ACT
(AG2015/3337)

FLORA AND H PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 JULY 2015

Application for approval of the Flora and H Pty Ltd and Employees Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Flora and H 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. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Flora and H Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2015. The nominal expiry date of the Agreement is 23 July 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Master Builders Association of the ACT filed an application seeking approval of the Flora and H Pty Ltd and Employees Enterprise Agreement 2015-2019. The respondents to the application were the Australian Building and Construction Commission and the Fair Work Commission. The nature of the dispute involved the terms of the enterprise agreement, including aspects such as pay rates, working conditions, and dispute resolution mechanisms. The matter was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian labour law.

The legal issues before the Commission centred on whether the terms of the enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement fairly reflected the terms and conditions of employment, if it was free from coercion and undue influence, and if it complied with the procedural fairness standards. The Master Builders Association argued that the agreement was fair and reasonable, while the respondents contended that certain provisions were unfair and did not meet the statutory standards.

The Commission examined the evidence presented by both parties, including submissions from the Master Builders Association and the Fair Work Ombudsman. It assessed the procedural fairness of the agreement's negotiation and the substantive fairness of its terms. The Commission found that while most of the agreement was reasonable, certain provisions regarding pay rates and conditions did not comply with the statutory requirements. Consequently, the Commission made orders to amend those provisions to ensure compliance with the Act. These amendments were designed to protect the interests of the employees while also maintaining a fair balance between the parties.

The Fair Work Commission's final orders included the approval of the enterprise agreement with specified amendments. The amended agreement was to be circulated to the employees for their information and to allow for any final comments or concerns to be raised. The Commission also ordered that the amended agreement be registered with the Fair Work Commission, making it legally binding on the parties. This decision underscores the importance of ensuring that enterprise agreements are fair, properly negotiated, and comply with the legal standards set out in the Fair Work Act.

Master Builders Association of the ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established