Master Builders’ Association of Victoria

[2014] FWCA 2434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2014/5567)

PROSAM BUILDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 10 APRIL 2014

Application for approval of the Prosam Building Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Prosam Building Services Pty Ltd Enterprise Agreement 2013 (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 10 April 2014 and, in accordance with s.54, will operate from 17 April 2014. The nominal expiry date of the Agreement is 9 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Master Builders’ Association of Victoria sought approval of the Prosam Building Services Pty Ltd Enterprise Agreement 2013. The applicant, Prosam Building Services, is a small business employing fewer than 15 employees and operates within the construction industry. The agreement in question was entered into between Prosam and its employees, aiming to set out terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Fair Work Commission was whether the Prosam Building Services Pty Ltd Enterprise Agreement 2013 complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement contained all the mandated terms and conditions as stipulated by the Act, and if it provided for fair and reasonable terms and conditions of employment. The Commission also needed to assess whether the agreement met the requirements for a small business enterprise agreement, given Prosam's status as a small business.

The Fair Work Commission found that the Prosam Building Services Pty Ltd Enterprise Agreement 2013 was in compliance with the Fair Work Act 2009. The agreement contained all the mandated terms and conditions as required by the Act and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was appropriately tailored to the specific needs of Prosam, a small business, and thus met the criteria for a small business enterprise agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Prosam Building Services Pty Ltd Enterprise Agreement 2013, finding it compliant with the Fair Work Act 2009 and appropriate for Prosam's status as a small business. This decision allows Prosam and its employees to proceed under the terms of the agreed-upon enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established