Master Builders Association of Victoria

[2013] FWCA 43

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2012/14462)

CORNERSTONE CONSTRUCTIONS ENTERPRISE AGREEMENT 2012-2016

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 3 JANUARY 2013

Application for approval of the Cornerstone Constructions Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cornerstone Constructions Enterprise Agreement 2012-2016 (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 3 January 2013 and, in accordance with s.54, will operate from 10 January 2013. The nominal expiry date of the Agreement is 2 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Master Builders Association of Victoria, the Fair Work Commission was called upon to decide whether to approve the Cornerstone Constructions Enterprise Agreement 2012-2016. The dispute involved the Master Builders Association of Victoria, acting on behalf of employers, and the Construction, Forestry, Mining and Energy Union, representing employees. The application for approval was made under the Fair Work Act 2009, which requires that certain conditions are met for an enterprise agreement to be deemed appropriate and fair.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to procedural fairness, and whether it contained provisions that were unfair or detrimental to employees. The Commission had to consider whether the agreement was appropriately negotiated, if it provided for appropriate mechanisms for dispute resolution, and whether it adhered to the principles of good faith bargaining and fairness.

The Fair Work Commission found that the agreement was appropriately negotiated and contained provisions that were fair and reasonable. The Commission noted that the agreement had been the subject of extensive negotiations between the parties and that it included provisions for dispute resolution that were in line with best practices. Furthermore, the Commission determined that the agreement did not contain any provisions that were unfair or detrimental to employees. In light of these findings, the Commission approved the Cornerstone Constructions Enterprise Agreement 2012-2016.

The Fair Work Commission's decision to approve the agreement was based on a comprehensive assessment of the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The Commission's approval ensures that the agreement will govern the employment conditions of the parties for the specified period, providing a framework for fair and productive industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established