DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2016/4402)

AJC CONCRETE CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the AJC Concrete 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 2016. The nominal expiry date of the Agreement is 25 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria has applied for the approval of the AJC Concrete Construction Pty Ltd Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which must approve the agreement under the Fair Work Act 2009 if it finds that it is in the public interest. The dispute involves the terms and conditions of employment for employees of AJC Concrete Construction Pty Ltd, an entity within the scope of the Master Builders’ Agreement 2015.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it complied with the Fair Work (Transition to Terminate) Regulations 2016. Specifically, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, whether it allowed for the protection of employees' entitlements, and whether it was consistent with the broader objectives of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement complied with the requirements for transitioning to termination, given that it was proposed as an enterprise agreement.

The Commission found that the agreement contained provisions that were consistent with the Fair Work Act, including provisions for the resolution of workplace disputes and the protection of employee entitlements. However, the Commission identified some issues with the agreement's compliance with the Fair Work (Transition to Terminate) Regulations 2016. Despite these issues, the Commission was satisfied that the agreement was in the public interest and approved it accordingly.

The Fair Work Commission approved the AJC Concrete Construction Pty Ltd Enterprise Agreement 2016, subject to certain conditions. These conditions included the requirement that the agreement be amended to ensure compliance with the Fair Work (Transition to Terminate) Regulations 2016. The Commission emphasised the importance of ensuring that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and the protection of employee entitlements.

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