Queensland Master Builders Association

[2013] FWCA 5781

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/2289)

CAIRNS STEEL CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 AUGUST 2013

Application for approval of the Cairns Steel Construction Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 August 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Cairns Steel Construction Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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 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 matter before the court involved the Queensland Master Builders Association, who applied for approval of the Cairns Steel Construction Pty Ltd Enterprise Agreement 2013. The application was lodged under section 172 of the Fair Work Act 2009, with the objective of ensuring the agreement met the necessary standards and provisions set out by the legislation. The case was heard by the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues the court had to address were whether the agreement complied with the requirements of the Fair Work Act and if it met the criteria for being a "better off overall test" for employees. The court had to scrutinise various aspects of the agreement, including its coverage, terms, and the process through which it was made. Additionally, the court examined if the agreement contained all the mandatory terms as specified by the Act, and whether it was made in good faith and without coercion.

The court evaluated the agreement meticulously, considering the provisions of the Fair Work Act and relevant case law. It found that the agreement was comprehensive and included all the mandatory terms as required. The court also determined that the agreement was made in good faith and did not involve any unfair or coercive practices. Furthermore, the court assessed that the agreement provided a better outcome for the employees than the applicable award or registered agreement, satisfying the "better off overall test". Consequently, the court approved the Cairns Steel Construction Pty Ltd Enterprise Agreement 2013, affirming its compliance with the statutory requirements.

As a result of the court's decision, the Cairns Steel Construction Pty Ltd Enterprise Agreement 2013 was approved and registered under the Fair Work Act 2009. This approval ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the employment relationship between Cairns Steel Construction Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established