Masters Contracting Pty Ltd

[2014] FWCA 7920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masters Contracting Pty Ltd
(AG2014/9120)

MASTERS CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 7 NOVEMBER 2014

Application for approval of the Masters Contracting Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Masters Contracting Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made by Masters Contracting Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 6 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Masters Contracting Pty Ltd applied to the Fair Work Commission (FWC) for the approval of the Masters Contracting Pty Ltd Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute involved whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the agreement provided for the compulsory acquisition of the employees' bargaining rights and if the agreement was made in good faith and contained the necessary procedural fairness. Additionally, the FWC had to consider whether the agreement was free from any unlawful content.

The FWC determined that the agreement did not require the compulsory acquisition of bargaining rights as it was made in good faith and did not contain any unlawful content. The FWC found that the agreement was procedurally fair, as it had been negotiated in a manner that allowed for proper consultation and consideration of the employees' interests. Consequently, the FWC approved the Masters Contracting Pty Ltd Enterprise Agreement 2014, ruling that it complied with the statutory requirements for approval. The FWC's decision was based on the comprehensive evaluation of the negotiation process and the contents of the agreement, ensuring that it met all necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established