Master Builders Association of Victoria

Case [2015] FWCA 4835


[2015] FWCA 4835
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/3920)

YOUR MANUFACTURING CREW ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 17 JULY 2015

Application for approval of the Your Manufacturing Crew Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Your Manufacturing Crew Enterprise Agreement 2015 - 2019 (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 17 July 2015 and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date of the Agreement is 17 July 2019.

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Details
AGLC
Master Builders Association of Victoria [2015] FWCA 4835
Case
[2015] FWCA 4835
Decision Date

CaseChat Overview and Summary

The Master Builders Association of Victoria sought approval for the Your Manufacturing Crew Enterprise Agreement 2015-2019. The Fair Work Commission was tasked with assessing the application, determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The legal issues centred on whether the agreement appropriately balanced the rights and interests of employees and employers and whether it adhered to the procedural fairness standards required by law.

The Commission examined the process by which the agreement was formed, scrutinising whether there was genuine bargaining and if the agreement was made in good faith. The Commission also assessed whether the agreement provided adequate protections for employees, including terms related to wages, working conditions, and dispute resolution mechanisms. The Court paid particular attention to whether the agreement addressed the needs of vulnerable employees and complied with the statutory requirements for enterprise agreements.

After thorough consideration, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied with the process of bargaining and the content of the agreement, which was deemed to appropriately balance the interests of both parties. The agreement was found to provide sufficient protections for employees and comply with the requirements set out in the Fair Work Act 2009. As a result, the Commission approved the Your Manufacturing Crew Enterprise Agreement 2015-2019.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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