Master Builders Association of the Australian Capital Territory

[2014] FWCA 7622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of the Australian Capital Territory
(AG2014/7428)

PDS (ACT) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2014 - 2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 OCTOBER 2014

Application for approval of the PDS (ACT) Pty Ltd and Employees Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the PDS (ACT) Pty Ltd and Employees Enterprise Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Master Builders Association of the Australian Capital Territory, the representative of the employer PDS (ACT) Pty Ltd. The Agreement is a single-enterprise agreement.

[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 Agreement is approved and in accordance with s.54 of the Act, will operate from 4 November 2014. The nominal expiry date of the Agreement is 4 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were the Master Builders Association of the Australian Capital Territory, as the employer representative, and the Construction, Forestry, Maritime, Mining and Energy Union, as the employee representative. The dispute was regarding the approval of the PDS (ACT) Pty Ltd and Employees Enterprise Agreement 2014 - 2018 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements that have been made under the Act.

The legal issues that the Fair Work Commission had to decide included whether the agreement met the requirements of section 231 of the Fair Work Act, which sets out the criteria for the approval of an enterprise agreement. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements set out in the Act. The Commission also had to consider whether any aspects of the agreement were contrary to public policy.

The Fair Work Commission found that the agreement met all the requirements for approval under the Act. The Commission considered that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and complied with the procedural requirements set out in the Act. The Commission also found that the agreement did not contain any terms that were contrary to public policy. Therefore, the Commission approved the agreement, which will now be binding on the parties for the period specified in the agreement.

The Fair Work Commission's decision to approve the PDS (ACT) Pty Ltd and Employees Enterprise Agreement 2014 - 2018 provides certainty and stability for the parties involved, and sets out the terms and conditions of employment for the employees covered by the agreement. The decision also reinforces the importance of good faith bargaining and the role of the Fair Work Commission in facilitating the resolution of workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established