DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2016/6990)

CULDAFF CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building services
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Culdaff Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Culdaff Construction 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 the Masters 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 26 December 2016. The nominal expiry date of the Agreement is 18 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Master Builders’ Association of Victoria, the court was presented with an application for the approval of the Culdaff Construction Pty Ltd Enterprise Agreement 2016. This case involved the Master Builders’ Association of Victoria as the applicant, which sought to have the enterprise agreement approved under the Fair Work Act 2009. The enterprise agreement in question was between the Master Builders’ Association of Victoria and Culdaff Construction Pty Ltd, and it aimed to set out the terms and conditions of employment for employees within the construction industry.

The legal issues that the court needed to address revolved around whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement had been made in accordance with the Act, whether it was free from any prohibited content, and if it provided for minimum entitlements as outlined in the Act. Additionally, the court examined whether the agreement had been genuinely negotiated and if it was procedurally fair.

In its reasoning, the court analysed the various provisions of the enterprise agreement and considered the submissions made by both parties. The court found that the agreement had been genuinely negotiated, and that it met the statutory requirements under the Fair Work Act 2009. The court was satisfied that the agreement was free from any prohibited content, provided for the minimum entitlements, and was procedurally fair. Consequently, the court approved the Culdaff Construction Pty Ltd Enterprise Agreement 2016.

In conclusion, the court approved the enterprise agreement, recognising it as a genuine and fair agreement that complied with the Fair Work Act 2009. This decision reinforces the importance of ensuring that enterprise agreements meet the statutory requirements to protect the rights of employees and employers alike.

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