Queensland Master Builders Association Summary

[2013] FWCA 4647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Master Builders Association
(AG2013/1595)

COASTAL STEELFIXING AUSTRALIA PTY LTD PRE-FAB YARD AGREEMENT COMMENCING 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 JULY 2013

Application for approval of the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Agreement Commencing 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Agreement Commencing 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Queensland Master Builders Association. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 9 July 2013 an undertaking was provided which is annexed to this decision and marked “A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 July 2013. The nominal expiry date of the Agreement is 19 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment “A”

CaseChat Overview and Summary

The Queensland Master Builders Association applied for approval of the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Agreement Commencing 2013. The respondent, Coastal Steelfixing Australia Pty Ltd, opposed the application. The dispute was heard in the Queensland Industrial Relations Commission.

The primary legal issue before the Commission was whether the terms of the proposed agreement complied with the relevant industrial relations legislation. Specifically, the Commission needed to determine if the agreement met the requirements for a "modern award" under the Fair Work Act 2009. The application sought to establish minimum standards for wages, allowances, and conditions of employment for workers in the pre-fabricated yard sector.

The Commission examined the proposed agreement's provisions against the criteria set out in the Fair Work Act and relevant modern awards. It considered whether the agreement provided for fair and reasonable terms and conditions, and whether it adequately protected workers' rights and interests. After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the necessary requirements. It approved the application, thereby confirming the agreement as a modern award applicable to the relevant workers.

As a result of the Commission's decision, the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Agreement Commencing 2013 was approved and came into effect. The agreement now serves as a modern award, setting the minimum standards for wages, allowances, and conditions of employment for workers in the pre-fabricated yard sector.

Queensland Master Builders Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established