Master Builders Association of Victoria

[2013] FWCA 1093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2013/4825)

YARRA VALLEY SHOPFITTERS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 15 FEBRUARY 2013

Application for approval of the Yarra Valley Shopfitters Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Shopfitters 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 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 15 February 2013 and, in accordance with s.54, will operate from 22 February 2013. The nominal expiry date of the Agreement is 14 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Master Builders Association of Victoria (MBA) applied to the Fair Work Commission (FWC) for approval of the Yarra Valley Shopfitters Enterprise Agreement 2012. The application was made by the MBA on behalf of its members who are employers within the shopfitting industry in Yarra Valley. The MBA argued that the agreement should be approved because it complied with the requirements of the Fair Work Act 2009 and provided for appropriate terms and conditions for employees within the industry.

The key legal issues the FWC was required to consider were whether the agreement met the criteria for approval under section 231 of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions for the employees covered by the agreement. In particular, the FWC needed to consider whether the agreement provided for appropriate minimum wages and conditions, and whether it had been made in good faith and without coercion.

In reaching its decision, the FWC considered the evidence and submissions provided by the parties, as well as relevant case law and the principles of enterprise bargaining. The FWC found that the agreement met the criteria for approval and provided for fair and reasonable terms and conditions for employees. The FWC noted that the agreement provided for appropriate minimum wages and conditions, and that it had been made in good faith and without coercion. The FWC also noted that the agreement provided for appropriate mechanisms for resolving disputes and addressing workplace issues.

As a result of its decision, the FWC approved the Yarra Valley Shopfitters Enterprise Agreement 2012. The agreement is now legally binding on the parties covered by it, and provides for the terms and conditions of employment for employees within the shopfitting industry in Yarra Valley.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established