Master Builders’ Association of Victoria

[2014] FWCA 8308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2014/9629)

FNG GROUP PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the FNG Group Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FNG Group Pty Ltd Enterprise Agreement 2014 (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 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] The Agreement was approved on 19 November 2014 and, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 26 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders' Association of Victoria initiated proceedings in the Fair Work Commission to seek approval of the FNG Group Pty Ltd Enterprise Agreement 2014. The dispute involved the provisions of the agreement and whether they met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with examining the fairness and compliance of the agreement with relevant legislative standards.

The primary legal issues centred around the interpretation and application of the Fair Work Act 2009, specifically concerning the agreement's provisions on minimum rates of pay, overtime, penalty rates, and other employment conditions. The Commission needed to determine if the agreement provided for terms and conditions that were no worse off overall than the applicable award and if it complied with the requirements for good faith bargaining and procedural fairness. Additionally, the court had to consider whether the agreement met the standards of procedural fairness and if it adequately protected the rights of employees.

The Fair Work Commission, after a detailed examination of the agreement, concluded that the FNG Group Pty Ltd Enterprise Agreement 2014 was fair and met the statutory requirements. The Commission found that the agreement did not provide for terms and conditions that were worse off overall than the applicable award and that it complied with the principles of good faith bargaining. The Commission also determined that the agreement was procedurally fair and appropriately safeguarded the rights of employees. Consequently, the Commission approved the agreement, affirming its compliance with the Fair Work Act 2009.

The Fair Work Commission approved the FNG Group Pty Ltd Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009. This decision resolves the dispute and establishes the agreement as legally binding for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established