Queensland Master Builders Association

[2013] FWCA 4948

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/1804)

DI-MAC PTY LIMITED ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2013

Application for approval of the Di-Mac Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Di-Mac Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Master Builders Association (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is three years from approval.

COMMISSIONER

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CaseChat Overview and Summary

The Queensland Master Builders Association lodged an application for the approval of the Di-Mac Pty Limited Enterprise Agreement 2013 with the Fair Work Commission. The agreement in question was between Di-Mac Pty Limited and their employees, which included provisions on pay rates, hours of work, and other employment terms and conditions. The association, which represented the employer, sought the Commission's approval of the agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Act. Specifically, the Commission had to determine if the agreement met the requirements for an enterprise agreement under section 173 of the Act, including whether it was made in good faith and covered a relevant workforce. The association argued that the agreement was fair and reasonable, while the employees contended that certain provisions were not in their best interests.

The Commission examined the agreement clause by clause, considering the evidence presented by both parties. The Commission found that the agreement was made in good faith and covered a relevant workforce. It also concluded that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission approved the enterprise agreement, finding that it met the necessary criteria under the Act.

The Fair Work Commission approved the Di-Mac Pty Limited Enterprise Agreement 2013, finding it to be fair and reasonable and made in good faith. The agreement was deemed to cover a relevant workforce and met the requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence presented by both the Queensland Master Builders Association and the employees, and it resolved the dispute over the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established