DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2015/6790)

PINNACLE TEAM PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the Pinnacle Team Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pinnacle Team Pty Ltd Enterprise Agreement 2015 (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] The Agreement was approved on 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 2 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria made an application to the Fair Work Commission for approval of the Pinnacle Team Pty Ltd Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The central issue before the Fair Work Commission was whether the enterprise agreement in question complied with the requirements of the Fair Work Act 2009, particularly with respect to the provisions governing pay rates, conditions of employment, and the manner in which the agreement was negotiated.

In reaching its decision, the Fair Work Commission considered the nature of the agreement, the process through which it was negotiated, and the implications for the employees covered by the agreement. The Commission noted that while the agreement was largely consistent with the provisions of the Act, certain clauses regarding pay rates and conditions required further scrutiny to ensure they met the requirements for employee protections and fairness. Ultimately, the Commission determined that the agreement did comply with the statutory requirements, albeit with some modifications to address specific concerns raised during the hearing.

The Fair Work Commission approved the enterprise agreement with certain amendments to specific clauses, ensuring compliance with the Fair Work Act. These amendments were made to address the concerns regarding the pay rates and conditions for employees. The Commission found that the overall agreement was in the best interests of the employees and the employers, and thus granted approval. This decision underscores the importance of ensuring that enterprise agreements not only meet statutory requirements but also promote fair and equitable working conditions.

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