Queensland Master Builders Association

[2013] FWCA 3845

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/1460)

TILE-IT PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 JUNE 2013

Application for approval of the Tile-It Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 June 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Tile-It Pty Ltd Enterprise Agreement 2013 (“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 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 sought approval of the Tile-It Pty Ltd Enterprise Agreement 2013 in the Fair Work Commission. The dispute centred around the terms of the agreement, particularly the classification and pay rates for employees within the tile-setting industry. The association argued that the agreement did not comply with the Fair Work Act 2009 and sought to have certain provisions disallowed. The legal issues before the commission included whether the agreement properly classified employees and if the pay rates were consistent with industry standards and the principles of the Fair Work Act.

The commission carefully reviewed the evidence provided by both parties, including expert testimony on industry benchmarks and wage rates. It considered whether the agreement was consistent with the principles of the Fair Work Act, which aim to ensure that employees are fairly compensated and that workplace relations are harmonious. The commission also examined whether the agreement appropriately balanced the interests of employers and employees. After thorough consideration, the commission found that certain provisions of the agreement did not comply with the Act and ordered modifications to the classification and pay rates. These changes were deemed necessary to ensure fairness and compliance with the legislative framework.

The final orders required Tile-It Pty Ltd to revise the enterprise agreement to align with the commission's findings. Specific changes included adjusting the classification of certain employees and setting new pay rates that were deemed to be fair and reasonable. The association's application for approval was ultimately successful, subject to these modifications. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and adequately reflect the principles of fair and equitable workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established