Master Builders’ Association of Victoria

[2014] FWCA 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2014/3776)

TECHNOKLEEN PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 MARCH 2014

Application for approval of the Technokleen Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Technokleen 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 3 March 2014 and, in accordance with s.54, will operate from 10 March 2014. The nominal expiry date of the Agreement is 2 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Master Builders' Association of Victoria sought the Fair Work Commission's approval of the Technokleen Pty Ltd Enterprise Agreement 2014. The dispute centred on the application of the enterprise agreement to employees of Technokleen, a cleaning services provider, and the fairness and compliance of its terms. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including provisions related to employee classification, wages, and conditions of employment.

The legal issues before the Commission included the proper classification of employees under the agreement, whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement complied with the Fair Work Act 2009. The Commission had to consider submissions from both the employer and the employees, as well as evidence regarding the bargaining process and the agreement's provisions. The key focus was on ensuring the agreement did not disadvantage employees and was made in good faith.

The Commission found that the enterprise agreement was appropriately made and met the necessary statutory criteria. The classification of employees and the terms provided were deemed fair and reasonable, with the agreement offering protections that aligned with industry standards. The Commission noted the good faith bargaining process and the agreement's adherence to legal requirements, concluding that the agreement should be approved. The Commission's decision was grounded in the statutory framework and the evidence presented, confirming the agreement's validity and fairness.

The final orders of the Commission were to approve the Technokleen Pty Ltd Enterprise Agreement 2014, subject to the terms and conditions set out in the agreement. The approval was contingent on the continued compliance with the Fair Work Act 2009, ensuring that the rights and protections afforded to employees under the agreement were upheld. The decision provided clarity and certainty for both the employer and employees, confirming the agreement's effectiveness and legality.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established