DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2015/2283)

A GRADE CEILINGS AND WALLS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 10 APRIL 2015

Application for approval of the A Grade Ceilings and Walls Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the A Grade Ceilings and Walls 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] 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 10 April 2015 and, in accordance with s.54, will operate from 17 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria was a party in an application before the Fair Work Commission for approval of the A Grade Ceilings and Walls Enterprise Agreement 2015. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically concerning its compliance with the provisions that govern enterprise agreements. The association sought to have the agreement recognised as a single-employer agreement that would cover employees working within the A grade ceilings and walls sector in Victoria.

The court had to determine whether the agreement satisfied the legal criteria for approval, including whether it was genuinely an enterprise agreement, whether it was in writing and had been agreed upon by the parties, and if it complied with the procedural requirements set out in the Act. A significant aspect of the inquiry was the verification of the agreement's coverage and its adherence to the mandated standards for employee protection and fair work practices. The court also examined if the agreement had been appropriately negotiated and whether it met the statutory requirements for low-paid workers and other vulnerable employee groups.

Upon reviewing the evidence and the arguments presented, the Fair Work Commission found that the A Grade Ceilings and Walls Enterprise Agreement 2015 complied with the necessary legal standards. The agreement was deemed to be a genuine enterprise agreement, having been made in good faith and with proper negotiation processes. The court considered the comprehensive coverage of the agreement, its adherence to the Fair Work Act's requirements, and the protections it offered to employees. Consequently, the commission approved the agreement, finding it to be in the best interests of the employees and the industry.

No further orders were made beyond the approval of the agreement, which now serves as a binding enterprise agreement between the Master Builders’ Association of Victoria and the employees within the specified sector. This decision ensures that the terms and conditions of employment, as outlined in the agreement, are enforceable under the Fair Work Act.

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