DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2016/3431)

NEO CONSTRUCT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Neo Construct Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Neo Construct 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 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 28 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria initiated proceedings in the Fair Work Commission, seeking approval of the Neo Construct Pty Ltd Enterprise Agreement 2016. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement complied with procedural and substantive requirements, including the provisions for bargaining, the coverage of employees, and the terms addressing wages, conditions, and dispute resolution.

The legal issues before the Commission involved verifying whether the agreement was genuinely negotiated, whether it adhered to the procedural requirements of the Act, and whether it provided fair and reasonable terms for employees. A critical aspect was ensuring that the agreement was not contrary to public policy, as it included provisions for a zero-hours contract and the ability to impose changes to terms and conditions without prior notice.

In its decision, the Commission found that the agreement was genuinely negotiated, adhered to the procedural requirements, and was not contrary to public policy. The Commission noted that the agreement provided for fair and reasonable terms, considering the economic context and the nature of the industry. It was also concluded that the provisions regarding the zero-hours contract and the ability to impose changes did not contravene public policy, as they were balanced by provisions for minimum weekly hours and a mechanism for resolving disputes.

The Commission approved the Neo Construct Pty Ltd Enterprise Agreement 2016, allowing it to be registered and enforced. The agreement was to apply to specified employees and set out the terms and conditions of their employment, including wages, hours, and dispute resolution mechanisms.

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