Queensland Master Builders Association

[2013] FWCA 4330

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/1687)

VIS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 JULY 2013

Application for approval of the Vis Constructions Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 June 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Vis Constructions Pty Ltd Enterprise Agreement 2012 (“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 Fair Work Commission involved an application by the Queensland Master Builders Association for approval of the Vis Constructions Pty Ltd Enterprise Agreement 2012. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, specifically concerning its coverage, procedural fairness, and adherence to the safety net. The Fair Work Commission, with its jurisdiction under the Act, was tasked with determining these issues.

The primary legal questions before the Commission were whether the enterprise agreement adequately covered the intended workforce, if the appropriate procedural steps were followed in its negotiation, and whether it provided terms and conditions that met or exceeded the safety net provisions. The Commission examined the evidence presented regarding the negotiation process, the scope of the agreement, and its provisions compared to the minimum standards set by the Act.

The Commission concluded that the enterprise agreement did not sufficiently cover the intended workforce, as the bargaining representatives did not have the necessary authority to represent all employees. Additionally, the procedural steps taken during the negotiation did not meet the requirements of the Act, as there was no independent assessment of the agreement's coverage. Finally, the agreement failed to provide terms and conditions that met or exceeded the safety net, particularly in areas of penalty rates and maximum weekly hours. Consequently, the Commission refused to approve the enterprise agreement.

The Fair Work Commission's decision was that the Vis Constructions Pty Ltd Enterprise Agreement 2012 be not approved. The Commission directed the parties to rectify the identified deficiencies and resubmit the agreement for consideration, ensuring all legal requirements were fully met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established