Master Builders Association of Victoria

[2013] FWCA 889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2013/4486)

MINI RECRUITMENT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 7 FEBRUARY 2013

Application for approval of the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mini Recruitment (Australia) 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 6 February 2013 and, in accordance with s.54, will operate from 13 February 2013. The nominal expiry date of the Agreement is 5 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria, on behalf of employers, and the Building and Construction Union of Australia, on behalf of employees, applied to the Fair Work Commission for approval of the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2013. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements and if it was consistent with the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was appropriately negotiated, if it contained the requisite provisions, and whether it was in the best interests of the employees.

The court had to decide whether the agreement was genuinely negotiated, if it included all mandatory provisions as per the Fair Work Act, and whether it complied with the "better off overall test". This involved assessing if the employees would be better off overall with the agreement than without it. Additionally, the court examined if the agreement was free from any illegality or unfairness that might render it invalid.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the necessary provisions. The court held that the agreement met the better off overall test and was not illegal or unfair. It concluded that the agreement was fair and appropriate for approval. The commission approved the enterprise agreement, emphasising the importance of the negotiation process and the overall benefit to employees.

The final orders of the court were that the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2013 be approved and registered under the Fair Work Act. This decision affirmed the agreement's validity and allowed it to be in effect for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established