DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/2189)

LTU CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 24 AUGUST 2017

Application for approval of the LTU Carpentry Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the LTU Carpentry 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2017. The nominal expiry date of the Agreement is 23 August 2021.

COMMISSIONER

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 LTU Carpentry Pty Ltd Enterprise Agreement 2017 with the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, and the dispute was heard by the Commission. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on whether it provided for the fair and efficient resolution of workplace disputes and was in the best interests of the employees covered by the agreement.

The Commission examined several aspects of the agreement, including the provisions for dispute resolution, the process for changing the agreement, and whether it provided adequate protections for employees. It was necessary to ensure that the agreement did not undermine the right to free collective bargaining and that it was not detrimental to the employees. The Commission found that the agreement provided a fair and efficient process for resolving disputes and that it did not undermine the right to free collective bargaining. The agreement also provided adequate protections for employees, including provisions for notice of termination and redundancy payments.

Following its assessment, the Commission approved the LTU Carpentry Pty Ltd Enterprise Agreement 2017. The decision was based on the conclusion that the agreement met the necessary requirements under the Fair Work Act and was in the best interests of the employees. The approval of the agreement was significant as it provided a framework for resolving workplace disputes and ensured that employees were adequately protected. The decision also highlighted the importance of the agreement in maintaining fair and efficient industrial relations practices within the industry.

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