Maveric Builders Pty Ltd ATF Maveric Builders Unit Trust

[2013] FWCA 10115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maveric Builders Pty Ltd ATF Maveric Builders Unit Trust
(AG2013/11468)

MAVERIC BUILDERS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Maveric Builders Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Maveric Builders Enterprise Agreement 2013 (the Agreement). The application was made Maveric Builders Pty Ltd ATF Maveric Builders Unit Trust (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2013. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Maveric Builders Pty Ltd ATF Maveric Builders Unit Trust, on one side, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) on the other. The dispute centres around the application for approval of the Maveric Builders Enterprise Agreement 2013. The case was heard in the Fair Work Commission of Australia. The primary legal issue before the court was whether the enterprise agreement proposed by Maveric Builders was fair and balanced, and whether it complied with all relevant statutory requirements. This included assessing if the agreement provided adequate protections for employees, if it was negotiated in good faith, and if it met the necessary standards of procedural fairness.

The court examined the negotiation process of the agreement, the terms of the agreement, and the impact it would have on the employees. It considered submissions from both parties, including expert evidence and arguments regarding the fairness of the proposed terms. The court also assessed the procedural fairness of the negotiation process and whether there were any breaches of the Fair Work Act 2009. Ultimately, the court had to decide whether the agreement should be approved and registered under the Act.

After thorough deliberation, the court determined that the enterprise agreement was fair and balanced. The court found that the negotiation process was conducted in good faith and that the terms of the agreement provided adequate protections for the employees. The court was satisfied that the agreement met all the necessary statutory requirements and did not contain any unfair provisions. Consequently, the court approved the Maveric Builders Enterprise Agreement 2013 and ordered its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established