DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/5722)

TC BUILD IT PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the TC Build It Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TC Build It 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. 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 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 9 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Master Builders Association of Victoria lodged an application for the approval of the TC Build It Pty Ltd Enterprise Agreement 2015. The dispute centred around the fairness and appropriateness of the agreement's provisions in relation to certain employee entitlements, including wages, leave, and other employment conditions. The commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for enterprise agreements. Specifically, the commission needed to determine if the agreement was genuinely negotiated, if it met the better-off-overall test, and if the procedural requirements, such as the provision of relevant information to employees and the opportunity for employees to be represented, were met. Additionally, the commission considered whether the agreement complied with the Fair Work (Transition to Workplace Agreements) Act 1998.

The commission found that the agreement was genuinely negotiated and met the better-off-overall test, as it provided employees with terms and conditions that were not less favourable than their previous awards or agreements. The commission also determined that the procedural requirements were met, as employees had been provided with relevant information and had the opportunity to be represented during the negotiation process. Consequently, the commission approved the agreement, recognising its compliance with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

In light of its findings, the commission approved the TC Build It Pty Ltd Enterprise Agreement 2015. This decision ensures that the agreement will be legally binding and enforceable, providing clarity and stability for both employers and employees involved in the construction industry. The approval of the agreement underscores the importance of fair and reasonable terms and conditions in enterprise agreements, promoting a balanced and harmonious workplace environment.

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