DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2017/1416)

SIMPSON MILLAR PROJECTS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2017

Application for approval of the Simpson Millar Projects Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Simpson Millar Projects 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2017. The nominal expiry date of the Agreement is 16 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Master Builders’ Association of Victoria recently faced a legal matter in the Fair Work Commission regarding the approval of the Simpson Millar Projects Pty Ltd Enterprise Agreement 2016. This agreement was intended to govern the employment conditions of Simpson Millar Projects Pty Ltd’s employees. The association contested the agreement on various grounds, including its compliance with the Fair Work Act 2009 and whether it met the requirements for a lawful and fair enterprise agreement. The commission was tasked with determining if the agreement was in the best interests of the employees and whether it complied with the statutory provisions.

The primary legal issues revolved around the validity and enforceability of the enterprise agreement. The association argued that the agreement failed to comply with several provisions of the Fair Work Act, including whether the agreement was made in good faith and if it provided for the proper engagement, remuneration, and conditions of employment. Additionally, the association contested the process by which the agreement was made, questioning whether proper representation and consultation were observed. The commission needed to assess these issues to determine whether the agreement could be approved as a lawful and fair enterprise agreement.

The commission deliberated on the arguments presented and examined the contents of the enterprise agreement against the statutory requirements. The association’s claims were largely focused on procedural irregularities and the content not aligning with the Fair Work Act. After thorough consideration, the commission found that the agreement was made in good faith, provided for proper engagement, remuneration, and conditions of employment, and met the requirements of the act. Consequently, the commission approved the Simpson Millar Projects Pty Ltd Enterprise Agreement 2016, finding it to be a lawful and fair agreement.

In summary, the Fair Work Commission approved the Simpson Millar Projects Pty Ltd Enterprise Agreement 2016, dismissing the Master Builders’ Association of Victoria’s objections. The commission found the agreement to be compliant with the Fair Work Act and in the best interests of the employees, thereby upholding its validity and enforceability.

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