Master Builders’ Construction and Housing Association of the Australian Capital Territory

[2013] FWCA 5658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Construction and Housing Association of the Australian Capital Territory
(AG2013/7704)

A MURRAY & SONS (ACT) PTY LTD & CEPU ACT ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER DEEGAN	CANBERRA, 13 AUGUST 2013

Application for approval of the A MURRAY & SONS (ACT) PTY LTD & CEPU ACT Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the A MURRAY & SONS (ACT) PTY LTD & CEPU ACT Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Master Builders’ Construction and Housing Association of the Australian Capital Territory. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made in accordance with s.185(3)(a) of the Act. However, pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 24 July 2013, being the date on which the application was lodged with the Fair Work Commission for approval.

[3] Subject to the above, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2013. The nominal expiry date of the Agreement is 30 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Master Builders' Construction and Housing Association of the Australian Capital Territory, the applicant sought approval for the A Murray & Sons (ACT) Pty Ltd & CEPU ACT Enterprise Agreement 2013-2016. This agreement, which was submitted to the Fair Work Commission, involved terms and conditions of employment for workers in the construction industry in the Australian Capital Territory. The application was heard and decided by the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment-related matters in Australia.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions that govern the content and approval of enterprise agreements. The Commission was tasked with assessing whether the agreement fairly and appropriately addressed the terms and conditions of employment for the relevant workers, including provisions related to wages, hours of work, and other employment conditions. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was free from any elements that could be considered coercive or oppressive to the employees.

The Commission, in its reasoning, carefully examined the provisions of the proposed agreement, ensuring it adhered to the statutory framework established by the Fair Work Act 2009. The Commission considered the nature of the agreement and the parties involved, focusing on whether it provided fair and reasonable terms for the workers. After thorough analysis, the Commission found that the agreement met the necessary criteria and was fair and appropriate, considering the context and industry standards. Consequently, the Commission approved the A Murray & Sons (ACT) Pty Ltd & CEPU ACT Enterprise Agreement 2013-2016, recognising it as a legitimate and binding agreement between the employer and the employees.

The final orders of the Commission included the approval of the enterprise agreement, allowing it to take effect and govern the employment conditions for the relevant workers as per the terms outlined in the agreement. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the terms and conditions of employment were properly regulated and compliant with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established