Master Builders’ Association of Victoria

[2014] FWCA 3872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2014/6273)

CRIB CIVIL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 11 JUNE 2014

Application for approval of the Crib Civil Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crib Civil 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 the 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 11 June 2014 and, in accordance with s.54, will operate from 18 June 2014. The nominal expiry date of the Agreement is 10 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Master Builders’ Association of Victoria for approval of the Crib Civil Enterprise Agreement 2014. The agreement related to employment conditions for workers in the civil construction industry in Victoria. The application was brought under section 234 of the Fair Work Act 2009. The Fair Work Commission had recommended the agreement be approved, but the application was brought as the Commission had not certified the agreement as a safety net improvement agreement.

The central issue before the court was whether the agreement was in the interests of the employees covered by the agreement. The court considered the nature of the agreement and the impact it would have on the employees, particularly whether it improved their employment conditions and protected their safety net entitlements. The court also examined the process by which the agreement had been made and whether it was done in accordance with the law.

The court found that the agreement was in the interests of the employees, as it provided for a number of improvements to their conditions of employment, including increased pay rates, reduced working hours, and improved leave entitlements. The court also found that the agreement had been made in accordance with the law and that the process by which it was made was fair and reasonable. The court approved the agreement and made the necessary orders under section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established