DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2016/7561)

SCOTT EMERY T/A YARRA VALLEY COMMERCIAL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Scott Emery t/a Yarra Valley Commercial Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scott Emery t/a Yarra Valley Commercial 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 27 December 2016. The nominal expiry date of the Agreement is 19 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria (the Association) made an application to the Fair Work Commission (the Commission) for the approval of the Scott Emery t/as Yarra Valley Commercial Enterprise Agreement 2017 (the Agreement). The Association argued that the Agreement was suitable for registration under the Fair Work Act 2009. The Commission was required to consider whether the Agreement complied with the requirements of the Act, including whether it provided for a fair and efficient workplace, and whether it was made in good faith and without coercion.

The primary legal issue before the Commission was whether the Agreement was made in good faith and without coercion, as required by section 234 of the Act. The Association argued that the Agreement was the result of genuine negotiations between the parties and was not made under duress. The Commission considered the evidence provided by both parties and examined the negotiation process to determine whether the Agreement was made in good faith. The Commission also considered whether the Agreement provided for a fair and efficient workplace and whether it complied with the other requirements of the Act.

After considering the evidence and arguments presented by both parties, the Commission found that the Agreement was made in good faith and without coercion. The Commission noted that the Agreement provided for a fair and efficient workplace and complied with the other requirements of the Act. The Commission approved the Agreement, and it is now registered with the Fair Work Commission.

The Fair Work Commission approved the Scott Emery t/as Yarra Valley Commercial Enterprise Agreement 2017, finding that it was made in good faith and without coercion, and complied with the requirements of the Fair Work Act 2009. The Agreement is now registered with the Commission and will govern the employment conditions of the parties for the specified period.

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