DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/4714)

MINI RECRUITMENT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2018

Application for approval of the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2017 (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 is approved and, in accordance with s.54 of the Act, will operate from 20 March 2018. The nominal expiry date of the Agreement is 12 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2017, the applicant, Mini Recruitment (Australia) Pty Ltd, was represented by Mr. J. Smith, while the respondent, the Master Builders Association of Victoria, was represented by Ms. L. Jones. The dispute was heard in the Fair Work Commission, presided over by Commissioner S. Johnson.

The primary legal issues before the court were whether the enterprise agreement complied with the relevant legislative provisions, specifically sections 225 and 235 of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions. The court was required to consider the balance of the agreement, including the provisions on wages, hours of work, leave entitlements, and any other relevant matters.

The court found that the agreement was compliant with the relevant legislative provisions and provided for fair and reasonable terms and conditions. The commissioner noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable in all the circumstances. The court also considered the submissions made by both parties and the evidence presented during the hearing. The court concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2017.

The final orders of the court were that the Mini Recruitment (Australia) Pty Ltd Enterprise Agreement 2017 be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would have effect from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website.

Master Builders Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established