DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2016/2243)

MANRESA CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 MARCH 2016

Application for approval of the Manresa Constructions Pty Ltd Enterprise Agreement 2016.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2016. The nominal expiry date of the Agreement is 16 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria brought an application before the Fair Work Commission to seek approval of the Manresa Constructions Pty Ltd Enterprise Agreement 2016. The applicant argued that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement complied with the provisions of the Act, particularly in relation to the procedural fairness in its formation and the rights and obligations it established.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it complied with the procedural requirements for its approval, and whether it provided for the minimum entitlements as required by the Fair Work Act. Additionally, the Commission had to consider whether the agreement allowed for the protection of employees' rights and whether it was consistent with the public interest.

In its decision, the Fair Work Commission found that the Manresa Constructions Pty Ltd Enterprise Agreement 2016 was validly formed and met the statutory requirements for approval. The Commission concluded that the agreement was genuinely negotiated between the parties and was consistent with the legislative framework. The agreement provided for the minimum entitlements as required by the Act and protected the rights of the employees. The Commission was satisfied that the agreement was in the public interest and approved it accordingly.

The Fair Work Commission approved the Manresa Constructions Pty Ltd Enterprise Agreement 2016, confirming its compliance with the statutory requirements. The Commission's decision provides clarity for employers and employees regarding the approval process for enterprise agreements and the standards that must be met to ensure their validity.

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