DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/4811)

CHAD PLASTER & FACADES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 9 SEPTEMBER 2015

Application for approval of the Chad Plaster & Facades Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chad Plaster & Facades 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 9 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Master Builders Association of Victoria, the Full Bench of the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question, the Chad Plaster & Facades Pty Ltd Enterprise Agreement 2015, was the subject of a dispute between the Master Builders Association of Victoria and the Building Construction, Commerce, Industrial and Energy Union. The primary concern was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically focusing on the provisions related to the payment of penalty rates and the classification of employees.

The central legal issues before the court were whether the proposed agreement unfairly disadvantaged employees by reducing penalty rates and whether the classification of employees was in line with the standards set out in the Fair Work Act. The court had to determine if the agreement, as presented, provided a safety net of minimum terms and conditions that were no less favourable than the applicable awards or registered agreements, as required by section 233 of the Act.

In its reasoning, the Full Bench noted that the proposed agreement contained provisions that reduced penalty rates for certain employees. The court examined whether these reductions were justified under the Act and if they adequately protected the employees' interests. The court found that the agreement did not unfairly disadvantage the employees and that the reductions were justified given the specific circumstances of the enterprise. Furthermore, the court concluded that the classification of employees was appropriate and aligned with the standards set out in the Act. Consequently, the Full Bench approved the agreement, finding it met the necessary criteria for approval.

The final orders of the Full Bench were to approve the Chad Plaster & Facades Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. This approval means that the agreement will now form the basis of the terms and conditions of employment for the employees covered by it.

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