Master Builders’ Association of Victoria Summary

[2014] FWCA 3539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2014/6157)

NELLAKIR (AUST) PTY LTD T/A SPORTS FLOORS BY NELLAKIR ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MAY 2014

Application for approval of the Nellakir (Aust) Pty Ltd T/A Sports Floors by Nellakir Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nellakir (Aust) Pty Ltd T/A Sports Floors by Nellakir 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 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 28 May 2014 and, in accordance with s.54, will operate from 4 June 2014. The nominal expiry date of the Agreement is 27 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria sought approval of the Nellakir (Aust) Pty Ltd T/A Sports Floors by Nellakir Enterprise Agreement 2014. The dispute was brought before the Fair Work Commission. The central legal issues that the Commission needed to resolve related to the fairness and appropriateness of the terms and conditions outlined in the proposed enterprise agreement, particularly regarding wages, conditions of employment, and the overall impact on the workforce.

The Commission undertook a comprehensive review of the agreement, focusing on whether it met the statutory requirements under the Fair Work Act 2009. The analysis included assessing if the agreement provided adequate protections for employees, ensured a fair balance of rights and obligations, and was free from any elements that could be considered coercive or oppressive. The Commission also examined the consultation process undertaken by the employer to ensure that the agreement reflected genuine negotiations and a fair representation of the employees' interests.

After careful consideration, the Fair Work Commission approved the enterprise agreement, finding that it met the necessary criteria for fairness and appropriateness. The Commission noted that the agreement provided for reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters, which were deemed to be in line with the principles of the Fair Work Act. The decision acknowledged the efforts of both parties to reach a consensus and recognised the agreement as a fair and balanced outcome for all involved.

The Commission made an order approving the Nellakir (Aust) Pty Ltd T/A Sports Floors by Nellakir Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, providing them with certainty and stability in their employment terms.

Master Builders’ Association of Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established