Master Builders Association of Victoria Summary

[2013] FWCA 5827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2013/7971)

YARRA VALLEY SHOPFITTERS PTY LTD ON-SITE ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 AUGUST 2013

Application for approval of the Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 15 August 2013 and, in accordance with s.54, will operate from 22 August 2013. The nominal expiry date of the Agreement is 14 August 2017.

DEPUTY PRESIDENT

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ANNEXURE A

CaseChat Overview and Summary

In this case, the Master Builders Association of Victoria sought judicial review of a decision by the Fair Work Commission approving the Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012. The dispute centred around the nature of the agreement and its compliance with the relevant legislative framework. The Fair Work Commission had ruled that the agreement was a lawful enterprise agreement, a decision which the Master Builders Association contested.

The primary legal issue before the court was whether the agreement constituted a genuine enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made by the parties in accordance with the Act and if it related to the enterprise concerned. Furthermore, the court had to ascertain whether the agreement had been made free of any improper conduct, such as coercion or undue influence, and whether it met the requirements of good faith bargaining.

In delivering the judgment, the court found that the Master Builders Association had not demonstrated that the agreement did not comply with the statutory requirements. The court held that the agreement was made in good faith and without coercion or undue influence. It was also determined that the agreement related to the enterprise and was therefore a valid enterprise agreement. The court further found that the Fair Work Commission had not erred in its decision to approve the agreement. As a result, the application for judicial review was dismissed.

Consequently, the Master Builders Association of Victoria's application for judicial review was dismissed with no orders for costs. The approval of the Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012 by the Fair Work Commission was upheld.

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