DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2016/5095)

EASY REACH SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Easy Reach Scaffolding Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Easy Reach Scaffolding 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 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 3 October 2016. The nominal expiry date of the Agreement is 25 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Master Builders’ Association of Victoria sought approval for the Easy Reach Scaffolding Pty Ltd Enterprise Agreement 2016. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the issues involved whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions regarding procedural fairness and good faith bargaining.

The Commission examined the procedural fairness of the bargaining process and whether the agreement reflected the outcomes of genuine negotiations. The Master Builders’ Association argued that the agreement was the result of extensive and good faith negotiations and contained fair and reasonable terms. Conversely, the union contended that the agreement failed to meet the legal standards due to procedural irregularities and the absence of good faith bargaining. After considering the evidence and submissions, the Commission found that the agreement was the product of genuine negotiations and contained terms and conditions that were fair and reasonable. It concluded that the agreement met all legal requirements for approval.

Accordingly, the Fair Work Commission approved the Easy Reach Scaffolding Pty Ltd Enterprise Agreement 2016, subject to the terms and conditions as set out in the agreement. The Commission directed that the agreement be registered with the Fair Work Ombudsman. This decision ensures that the agreement is legally enforceable and that the terms and conditions it provides are binding on the parties involved.

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