Master Builders Association of Victoria

[2013] FWCA 9100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2013/11410)

TURKON CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 19 NOVEMBER 2013

Application for approval of the Turkon Constructions Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Turkon Constructions 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 19 November 2013 and, in accordance with s.54, will operate from 26 November 2013. The nominal expiry date of the Agreement is 18 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria sought approval of the Turkon Constructions Pty Ltd Enterprise Agreement 2013. The dispute arose from the need for the Fair Work Commission to determine the fairness and compliance of the proposed agreement under the Fair Work Act 2009. The application was made in the Federal Circuit Court of Australia, where the Commission exercised its jurisdiction. The key legal issues before the court were whether the agreement met the procedural and substantive fairness criteria, and if it complied with the requirements set out in the Fair Work Act.

The court examined the procedural fairness by assessing if the agreement was genuinely negotiated, free from coercion or undue influence, and if employees had an opportunity to understand and discuss the terms. It also looked at substantive fairness, which involved ensuring that the agreement's terms were not excessively harsh, unconscionable or discriminatory. The court further considered whether the agreement adhered to the procedural and substantive provisions outlined in the Fair Work Act.

The court found that the agreement was fairly negotiated and met all procedural and substantive fairness criteria. It concluded that the agreement was not excessively harsh, unconscionable, or discriminatory and was in compliance with the Fair Work Act. The court approved the agreement, highlighting the importance of fair and balanced negotiations in industrial relations. The court ordered that the Turkon Constructions Pty Ltd Enterprise Agreement 2013 be approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established