DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Master Builders Association of Victoria
(AG2017/2281)

FLAWS DONE RIGHT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 28 JULY 2017

Application for approval of the Flaws Done Right Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Flaws Done Right Pty Ltd Enterprise Agreement 2016 (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 4 August 2017. The nominal expiry date of the Agreement is 27 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Master Builders Association of Victoria filed an application seeking approval of the Flaws Done Right Pty Ltd Enterprise Agreement 2016. The agreement was entered into between the Association and the employees of Flaws Done Right Pty Ltd. The Fair Work Commission was asked to determine whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement satisfied the mandatory criteria for approval as set out in the Act. This included assessing whether the agreement had been made in accordance with the procedural requirements and whether it contained terms that were consistent with the protections and entitlements provided under the Act. Specifically, the court needed to determine if the agreement adequately covered the minimum standards for wages, conditions, and other employment terms.

The Commission reviewed the procedural fairness of the bargaining process and the content of the agreement. It found that the agreement had been made in good faith, involved genuine negotiations, and covered all relevant employees. The Commission also concluded that the terms of the agreement did not fall below the minimum standards prescribed by the Act. Consequently, the application for approval was successful. The court ordered that the Flaws Done Right Pty Ltd Enterprise Agreement 2016 be approved as a registered agreement.

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