DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/3582)

MELPROS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 26 JUNE 2015

Application for approval of the Melpros Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Melpros 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 26 June 2015 and, in accordance with s.54, will operate from 3 July 2015. The nominal expiry date of the Agreement is 26 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria and Melpros Pty Ltd were parties to an enterprise agreement which was submitted for approval. The Fair Work Commission was asked to approve the agreement under section 184 of the Fair Work Act 2009. The dispute arose from the refusal of the Fair Work Commission to approve the agreement, as it was considered to contain provisions that were not in the best interests of employees. The Fair Work Commission examined the provisions of the agreement and considered whether they met the criteria for approval under the Fair Work Act.

The legal issues before the court included whether the provisions of the enterprise agreement were in the best interests of the employees and whether the Fair Work Commission had the authority to refuse approval based on these provisions. The court considered the criteria set out in the Fair Work Act for the approval of enterprise agreements, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it would facilitate improved productivity and efficiency in the workplace.

The Fair Work Commission found that certain provisions of the agreement did not meet the criteria for approval, as they did not provide for fair and reasonable terms and conditions of employment. The court held that the Fair Work Commission had the authority to refuse approval of the agreement based on these provisions, as they were not in the best interests of employees. The court also noted that the agreement contained provisions that were contrary to public policy, as they provided for the payment of wages below the applicable award rates.

The Fair Work Commission refused to approve the enterprise agreement. The court upheld the decision of the Fair Work Commission, finding that the provisions of the agreement did not meet the criteria for approval and were not in the best interests of employees. The court also found that the agreement contained provisions that were contrary to public policy, and therefore could not be approved. The Fair Work Commission's decision to refuse approval of the enterprise agreement was upheld.

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