DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2017/4673)

COPLAN INTERIORS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the Coplan Interiors Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coplan Interiors 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 30 November 2017. The nominal expiry date of the Agreement is 22 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria (MBAV) applied to the Fair Work Commission (FWC) for the approval of the Coplan Interiors Pty Ltd Enterprise Agreement 2017. The MBAV is a party to the agreement, which was made between Coplan Interiors Pty Ltd and its employees, who are represented by the MBAV. The MBAV sought approval of the agreement under section 233 of the Fair Work Act 2009 (FW Act), claiming that the agreement met the "better off overall test" (BOOT) and the "no disbenefit test" (NDT) as set out in section 235 of the FW Act. The FWC was required to consider whether the agreement was in the public interest and whether it met the statutory requirements for approval.

The FWC needed to determine whether the agreement met the BOOT and NDT, which are crucial criteria for the approval of an enterprise agreement. The BOOT requires that employees be "no worse off and at least as well off" as they would have been under the applicable award or safety net. The NDT mandates that employees should not experience any negative consequences from the agreement compared to their situation without it. The FWC also had to examine whether the agreement was consistent with the objects of the FW Act, including promoting high levels of employment, economic efficiency, and social inclusion.

The FWC examined the provisions of the agreement and found that it complied with the BOOT and NDT. The FWC considered that the agreement provided for a fair and reasonable rate of pay, benefits, and conditions for the employees. It also ensured that employees would not be worse off in terms of their wages, conditions, and entitlements compared to the safety net provided by the relevant award. The FWC was satisfied that the agreement was in the public interest and did not result in any disbenefits to the employees or employers. The FWC approved the agreement under section 233 of the FW Act.

The FWC approved the Coplan Interiors Pty Ltd Enterprise Agreement 2017, which is now a registered agreement under the FW Act. The MBAV can now implement the agreement with the employees, and it will provide the basis for the terms and conditions of employment for the employees of Coplan Interiors Pty Ltd. The approval of the agreement ensures that the employees have a fair and reasonable agreement that meets the statutory requirements for approval.

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