DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/2082)

EMPIRE CONSORTIUM GROUP PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JUNE 2017

Application for approval of the Empire Consortium Group Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Empire Consortium Group 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 7 July 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria was the applicant in a proceeding before the Fair Work Commission, seeking approval of the Empire Consortium Group Pty Ltd Enterprise Agreement 2017. The dispute arose from the proposed terms and conditions of employment that were set out in the enterprise agreement, which the Association contended were contrary to the principles of the Fair Work Act 2009. The central legal issues that the Commission was required to address involved whether the terms of the enterprise agreement complied with the statutory requirements for approval, particularly whether they were in accordance with the "better off overall test" and whether they met the criteria for "single interest" employer bargaining.

The Commission thoroughly examined the enterprise agreement, considering the evidence and submissions from both parties. The Commission found that the agreement did indeed satisfy the "better off overall test" as the overall financial package provided to employees under the agreement was more favourable than what they would have received under the applicable awards. The Commission also determined that the employer had acted in good faith and that the agreement was made in a single interest context. The evidence demonstrated that the agreement was the product of genuine negotiations between the employer and the employees, and the terms were not detrimental to the employees' interests.

Consequently, the Fair Work Commission approved the Empire Consortium Group Pty Ltd Enterprise Agreement 2017, finding that it complied with the relevant provisions of the Fair Work Act 2009. The Commission's decision was based on the evidence presented, which demonstrated that the agreement met the statutory requirements for approval and was in accordance with the principles of the Act. The decision was made in the context of ensuring that the agreement provided for a fair and reasonable outcome for both the employer and the employees.

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