DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/3353)

BOSWEN PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Boswen Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boswen 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 7 December 2017 and, in accordance with s.54, will operate from 14 December 2017. The nominal expiry date of the Agreement is 7 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Master Builders Association of Victoria (MBAV) made an application for the approval of the Boswen Pty Ltd Enterprise Agreement 2017. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for minimum entitlements and the appropriate processes for its registration.

The primary legal issues the Commission had to resolve were whether the agreement adequately provided for minimum entitlements as stipulated by the Act, and if the agreement's processes for registration were correctly followed. Additionally, the Commission needed to consider whether any terms in the agreement were contrary to public policy or had been negotiated in good faith.

The Commission found that the Boswen Pty Ltd Enterprise Agreement 2017 met the necessary requirements for approval. It provided for minimum entitlements as per the Act and followed the correct procedures for registration. The Commission was satisfied that the agreement had been negotiated in good faith and did not contain terms that were contrary to public policy. Consequently, the application for approval was successful, and the agreement was approved under the Act.

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