DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/689)

ARCHITECTURAL ROOF & WALL CLADDING (VIC) PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 APRIL 2017

Application for approval of the Architectural Roof & Wall Cladding (Vic) Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Architectural Roof & Wall Cladding (Vic) Pty Ltd Enterprise Agreement 2016 - 2020 (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 26 April 2017. The nominal expiry date of the Agreement is 18 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria sought approval of the Architectural Roof & Wall Cladding (Vic) Pty Ltd Enterprise Agreement 2016-2020 in the Fair Work Commission. The dispute involved the association's claim that the agreement met the requirements of the Fair Work Act 2009 for registration, and that it was in the best interests of the employees covered by the agreement. The commission was required to determine whether the agreement complied with the relevant provisions of the Act and whether it was fair and reasonable.

The commission considered whether the agreement contained all the minimum terms and conditions required by the Act, including provisions on wages, hours of work, and leave entitlements. The commission also examined whether the agreement met the criteria for being considered fair and reasonable, including whether it provided for a fair and efficient method of determining wages and other conditions of employment. The commission found that the agreement met the requirements of the Act and was fair and reasonable.

Accordingly, the commission approved the agreement. The agreement was registered with the Fair Work Commission and became legally binding on the parties covered by it. The decision provides guidance for employers and employees in the architectural roof and wall cladding industry in Victoria on the requirements for an enterprise agreement to be approved by the commission.

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