DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2016/6888)

ENGLISH CONCRETE PAVING AND CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2016

Application for approval of the English Concrete Paving and Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the English Concrete Paving and 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 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 20 December 2016. The nominal expiry date of the Agreement is 12 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Master Builders’ Association of Victoria challenged the approval of the English Concrete Paving and Construction Pty Ltd Enterprise Agreement 2016. The dispute centred on whether the agreement, which was intended to apply to concrete pavers and concrete sawers, complied with the relevant industrial laws and whether it adequately protected employees’ rights and conditions. The commission was tasked with determining the fairness and compliance of the agreement.

The legal issues before the commission included whether the agreement appropriately defined the bargaining unit and whether it contained all the mandatory terms required by the Fair Work Act 2009. Additionally, the commission needed to assess whether the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The association argued that the agreement was not appropriately representative of the workforce and failed to comply with statutory requirements.

The commission found that the agreement was appropriately representative of the bargaining unit and contained all the mandatory terms required by law. The commission considered the evidence provided by both parties and concluded that the agreement did not unfairly discriminate against any group of employees. The association's concerns about the definition of the bargaining unit and the adequacy of employee protections were addressed through the provisions of the agreement. The commission approved the agreement, finding it to be fair and compliant with the relevant industrial laws.

The commission’s final orders included the approval of the English Concrete Paving and Construction Pty Ltd Enterprise Agreement 2016, subject to the conditions and provisions outlined in the agreement. The decision confirmed the agreement's validity and applicability to the defined bargaining unit, ensuring that employees’ rights and conditions were protected in accordance with the law.

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