DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masters Contracting Pty Ltd
(AG2019/4681)

MASTERS CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JANUARY 2020

Application for approval of the Masters Contracting Pty Ltd Enterprise Agreement 2018

[1] Masters Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the Masters Contracting Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement was approved on 13 January 2020 and, in accordance with s 54, will operate from 20 January 2020. The nominal expiry date of the Agreement is 13 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Masters Contracting Pty Ltd, sought approval of the Masters Contracting Pty Ltd Enterprise Agreement 2018, from the Fair Work Commission. The agreement was for the construction industry, and the dispute involved various terms and conditions for the employees within the industry. The Commission was required to consider whether the agreement met the requirements under the Fair Work Act 2009, specifically the provisions that ensure agreements promote high levels of job security and a high standard of wages and conditions.

The primary legal issue before the Commission was whether the agreement provided for genuine bargaining between the employer and the employees. Additionally, the Commission needed to assess whether the agreement promoted high levels of job security, a high standard of wages and conditions, and if it aligned with the principles of the Fair Work Act 2009. Furthermore, the Commission considered whether the agreement was consistent with the broader national system of industrial determination and if it contained any unfair provisions that could be struck out.

The Fair Work Commission determined that the agreement had been genuinely bargained between the parties and met the requirements of the Fair Work Act 2009. The Commission found that the agreement promoted high levels of job security and a high standard of wages and conditions, as it contained provisions for minimum wages, penalty rates, and leave entitlements. The Commission also held that the agreement aligned with the broader national system of industrial determination and did not contain any unfair provisions that required striking out. Consequently, the Fair Work Commission approved the Masters Contracting Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the Masters Contracting Pty Ltd Enterprise Agreement 2018, effective from 1 May 2018. The Commission found that the agreement met the requirements of the Fair Work Act 2009, genuinely promoted high levels of job security and a high standard of wages and conditions, and aligned with the broader national system of industrial determination. The agreement was approved, and it became a legally binding contract between the employer and the employees within the construction industry.

Masters Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established