DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/3266)

V & C COMMERCIAL CATERING EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 NOVEMBER 2017

Application for approval of the V & C Commercial Catering Equipment Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the V & C Commercial Catering Equipment Pty Ltd Enterprise Agreement 2017 (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 Victoria. 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 Master Builders Association of Victoria. 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 22 November 2017. The nominal expiry date of the Agreement is 15 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Master Builders Association of Victoria lodged an application for the approval of the V & C Commercial Catering Equipment Pty Ltd Enterprise Agreement 2017 with the Fair Work Commission. The application was opposed by the United Voice, an industrial organisation. The nature of the dispute involved whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly regarding the fairness of its terms and conditions.

The legal issues before the court included whether the agreement provided for a proper balance of rights and obligations between employers and employees, if it was free from any coercive conduct, and if it contained adequate dispute resolution mechanisms. The court also had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

In reaching its decision, the Fair Work Commission examined the submissions and evidence provided by both parties. It considered the nature of the bargaining process, the fairness of the terms, and the presence of any unfair labour practices. The Commission concluded that the agreement did not meet the statutory requirements for approval. It found that the bargaining process was not genuinely conducted, and the agreement contained provisions that were not fair and reasonable. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the application for approval of the V & C Commercial Catering Equipment Pty Ltd Enterprise Agreement 2017 be dismissed. The agreement was not approved, and it did not become a registered agreement under the Fair Work Act 2009.

Master Builders Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established