DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/3681)

WELSH DIRECT PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2015

Application for approval of the Welsh Direct Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Welsh Direct 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 3 July 2015 and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 3 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Master Builders Association of Victoria, the applicant sought approval of the Welsh Direct Pty Ltd Enterprise Agreement 2015, before the Fair Work Commission. The dispute arose from negotiations between the Association and the employees of Welsh Direct Pty Ltd, focusing on the terms and conditions of employment within the construction industry.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of minimum wages and entitlements, as well as whether the agreement had been genuinely bargained. The Commission had to consider whether the agreement was in the best interest of the employees and if it provided for fair and reasonable terms and conditions of employment.

After reviewing the submissions from both parties and the relevant provisions of the Fair Work Act, the Commission found that the proposed agreement did meet the statutory requirements. The agreement provided for minimum wages and conditions that were not less favourable than those provided by the relevant award or safety net award. Furthermore, the Commission was satisfied that the agreement had been genuinely bargained and was in the best interests of the employees. Consequently, the Fair Work Commission approved the enterprise agreement, emphasising the importance of fair and reasonable terms and conditions in the construction industry.

No further orders were made by the Commission. The approved enterprise agreement will now be in effect, governing the employment terms and conditions of the employees of Welsh Direct Pty Ltd.

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