Master Builders’ Association of Victoria

[2013] FWCA 9347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Association of Victoria
(AG2013/11578)

TOTAL CLEAN COMPLETE SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 NOVEMBER 2013

Application for approval of the Total Clean Complete Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Total Clean Complete 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 28 November 2013 and, in accordance with s.54, will operate from 5 December 2013. The nominal expiry date of the Agreement is 4 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Master Builders' Association of Victoria, the applicant sought approval for the Total Clean Complete Services Pty Ltd Enterprise Agreement 2013. The Fair Work Commission (FWC) was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). The dispute centred around whether the agreement met the necessary standards and requirements set forth by the FWC for enterprise agreements. Specifically, the applicant argued that the agreement was fair and balanced, while the respondent, Total Clean Complete Services Pty Ltd, contested certain aspects, including the fairness of the terms and the proper representation of employee interests.

The primary legal issues before the FWC involved assessing whether the agreement satisfied the "better off overall test" and whether it was procedurally fair. The FWC had to consider if the agreement provided employees with a fair and better outcome than the applicable award or safety net awards, and if the agreement was made in good faith and followed appropriate procedures. Furthermore, the FWC examined whether the agreement contained mandatory terms and if these terms complied with the legal framework.

The FWC determined that the agreement was procedurally fair and met the requirements of the Act. The Commission found that the agreement provided employees with a fair and better outcome, satisfying the better off overall test. The FWC also concluded that the mandatory terms were compliant and the agreement was made in good faith. The FWC approved the agreement, affirming its compliance with the statutory requirements.

Consequently, the FWC approved the Total Clean Complete Services Pty Ltd Enterprise Agreement 2013. This decision was based on the findings that the agreement was procedurally fair, met the better off overall test, and contained compliant mandatory terms. The approval signifies that the agreement is now legally binding on the parties involved, providing a framework for employment terms and conditions that the FWC has deemed fair and balanced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established