DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2016/3130)

MATTLACH PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Mattlach Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mattlach 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. 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.

[4] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 7 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Master Builders Association of Victoria was involved in a dispute concerning the approval of the Mattlach Pty Ltd Enterprise Agreement 2016. The application for approval of the agreement was heard by the Fair Work Commission, the body responsible for overseeing and regulating enterprise agreements under Australian labour law. The primary issue at hand was whether the agreement met the necessary criteria for approval as stipulated by the Fair Work Act 2009.

The Fair Work Commission needed to determine if the enterprise agreement appropriately balanced the interests of employers and employees. It had to consider whether the agreement provided a safety net for employees, ensured procedural fairness, and complied with the procedural requirements of the Act. The Commission also had to assess if the agreement contained terms and conditions that were in line with the broader objectives of the Fair Work Act, which include promoting higher wages and better working conditions.

After thorough deliberation, the Commission found that the Mattlach Pty Ltd Enterprise Agreement 2016 was compliant with the statutory requirements. It determined that the agreement provided an appropriate safety net for employees and ensured fair procedural rights. The Commission also confirmed that the agreement was made in good faith and was not misleading or deceptive. Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to take effect as per its terms.

The Fair Work Commission ordered that the Mattlach Pty Ltd Enterprise Agreement 2016 be approved and registered. This decision meant that the agreement could be implemented, providing a framework for the employment terms and conditions between the Master Builders Association of Victoria and the employees of Mattlach Pty Ltd.

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