DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/4642)

SEIGEN PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011 - 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 AUGUST 2015

Application for approval of the Seigen Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015

[1] An application has been made for approval of an enterprise agreement known as the Seigen Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011 - 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 3 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Master Builders Association of Victoria, the court was tasked with considering the application for approval of the Seigen Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought by the CFMEU, who sought the Fair Work Commission's approval of the agreement under the Fair Work Act 2009. The Master Builders Association of Victoria intervened in the application, objecting to the agreement on various grounds.

The primary legal issues before the court involved the validity and registrability of the agreement. The Master Builders Association of Victoria argued that the agreement contained unfair provisions, was not in the best interests of employees, and was not made in good faith. The CFMEU, on the other hand, contended that the agreement was fair and reasonable, and that it had been negotiated in good faith. The court was required to determine whether the agreement met the statutory requirements for registration and approval under the Fair Work Act 2009.

In its decision, the court found that the agreement was not unfair and was made in good faith. The court held that the provisions of the agreement were not contrary to the objectives of the Fair Work Act 2009, and that the agreement was in the best interests of the employees. The court rejected the objections raised by the Master Builders Association of Victoria, finding that the provisions of the agreement were reasonable and necessary to protect the employees' interests. The court approved the agreement, and it was registered with the Fair Work Commission.

This decision provides important guidance for employers and employees in the building and construction industry, as well as for the Fair Work Commission in its role in approving enterprise agreements. It reinforces the importance of good faith bargaining and the need for agreements to be fair and reasonable. The decision also highlights the role of the court in reviewing the decisions of the Fair Work Commission, and the need for careful consideration of all relevant factors in approving enterprise agreements.

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