Master Builders’ Association of Victoria Summary

[2014] FWCA 2393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2014/5179)

LOTUS FOLDING WALLS & DOORS PTY. LTD. ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 APRIL 2014

Application for approval of the Lotus Folding Walls & Doors Pty. Ltd. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lotus Folding Walls & Doors 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 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 8 April 2014 and, in accordance with s.54, will operate from 15 April 2014. The nominal expiry date of the Agreement is 7 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria applied to the Fair Work Commission for approval of the Lotus Folding Walls & Doors Pty. Ltd. Enterprise Agreement 2014. The application was made by the association on behalf of its members and the employees of Lotus Folding Walls & Doors Pty. Ltd. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions.

The primary legal issues for the Commission to determine were whether the agreement satisfied the "no disadvantage test" and the "better off overall test." The "no disadvantage test" required that the terms of the agreement did not place employees worse off than they would be under the applicable industrial instrument. The "better off overall test" required that employees be at least as well off under the agreement as they would be under the applicable industrial instrument. The Commission also needed to consider whether the agreement was made in good faith and whether the parties had engaged in genuine bargaining.

The Fair Work Commission found that the agreement met the criteria for approval. It concluded that the agreement did not place employees worse off and that they were at least as well off under the agreement as they would be under the applicable industrial instrument. The Commission determined that the agreement was made in good faith and that the parties had engaged in genuine bargaining. The agreement was therefore approved.

The Fair Work Commission approved the Lotus Folding Walls & Doors Pty. Ltd. Enterprise Agreement 2014, finding that it met the criteria for approval under the Fair Work Act 2009.

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