Queensland Master Builders Association

[2014] FWCA 1200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Master Builders Association
(AG2014/263)

THE TRUSTEE FOR BRADSHAW FAMILY TRUST T/A K & V BUILDING, RENOVATIONS AND TILING ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 FEBRUARY 2014

Application for approval of the Trustee for Bradshaw Family trust t/a K & V Building, Renovations and Tiling Enterprise Agreement 2013 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 February 2014 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Trustee for Bradshaw Family trust t/a K & V Building, Renovations and Tiling Enterprise Agreement 2013 - 2017(“the Agreement”).

[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 consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Master Builders Association filed an application seeking the approval of the Trustee for the Bradshaw Family Trust t/a K & V Building, Renovations and Tiling Enterprise Agreement 2013 - 2017. The dispute arose from the terms of the enterprise agreement and whether they complied with the relevant industrial legislation. The case was heard by the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the requisite "no disadvantage" test, ensuring that employees would not be worse off under the new agreement compared to their previous conditions. Another key issue was whether the agreement complied with other statutory requirements, such as notice provisions and the process for bargaining.

The court examined the terms of the enterprise agreement and found that it did not meet the "no disadvantage" test. The Trustee for the Bradshaw Family Trust had not adequately demonstrated that employees would not be worse off under the new agreement. Additionally, the court identified several procedural deficiencies in the agreement, including insufficient notice to employees about the proposed changes. Based on these findings, the court rejected the application for approval of the enterprise agreement.

As a result of the court's decision, the Trustee for the Bradshaw Family Trust was ordered to amend the enterprise agreement to meet the "no disadvantage" test and rectify the procedural deficiencies identified by the court. The court also ordered that the Trustee provide adequate notice to employees regarding any proposed changes to their conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established