Master Builders Association of Victoria Summary

[2014] FWCA 2071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2014/4083)

GREENCON AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

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

Application for approval of the Greencon Australia Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Greencon Australia Pty Ltd Employee Collective 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 28 March 2014 and, in accordance with s.54, will operate from 4 April 2014. The nominal expiry date of the Agreement is 31 July 2015.

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 Greencon Australia Pty Ltd Employee Collective Agreement 2014. The Fair Work Commission is the body responsible for the approval of such agreements. The applicant contended that the agreement met the requirements of the Fair Work Act 2009, including the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was made in good faith and was in the interests of the employees. The applicant also submitted that the agreement was fair and reasonable and met the requirements of the Act.

The legal issues the court had to decide were whether the agreement was made in good faith, whether it was in the interests of the employees, and whether it was fair and reasonable. The court also had to consider whether the agreement met the requirements of the Act. The court had to consider the evidence and submissions from both parties and make a decision based on the law.

The court found that the agreement was made in good faith and was in the interests of the employees. The court also found that the agreement was fair and reasonable and met the requirements of the Act. The court noted that the agreement contained provisions for the protection of employees, including provisions for minimum wages, overtime, and leave. The court found that the agreement was not contrary to public policy and did not contain any provisions that were contrary to the principles of the Act. The court approved the agreement and made an order for its registration.

The Fair Work Commission approved the Greencon Australia Pty Ltd Employee Collective Agreement 2014 and ordered its registration. The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees. The court noted that the agreement contained provisions for the protection of employees and was not contrary to public policy. The decision is a reminder of the importance of ensuring that collective agreements meet the requirements of the law and are in the interests of employees.

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