Queensland Master Builders Association

[2013] FWCA 3458

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/1273)

KEIR QLD PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 MAY 2013

Application for approval of the Keir QLD Pty Ltd Enterprise Agreement 2013-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 May 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Keir QLD Pty Ltd Enterprise Agreement 2013-2017 (“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 applied to the Fair Work Commission for approval of the Keir QLD Pty Ltd Enterprise Agreement 2013-2017. The dispute involved the terms and conditions of employment for workers under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, allowed for flexible working arrangements, and ensured procedural fairness in its formation. Additionally, the Commission needed to consider whether the agreement included provisions that were contrary to public policy or were otherwise unlawful.

The Fair Work Commission found that the agreement provided for a safety net of minimum wages and conditions and allowed for flexible working arrangements. However, the Commission noted that the agreement did not include specific provisions for procedural fairness in its formation. Despite this, the Commission approved the agreement, finding that the overall provisions were fair and reasonable. The Commission also found that the agreement did not include any provisions that were contrary to public policy or otherwise unlawful.

The Fair Work Commission approved the Keir QLD Pty Ltd Enterprise Agreement 2013-2017, subject to certain conditions. These included the requirement that the agreement include specific provisions for procedural fairness in its formation. The Commission also required that the agreement be reviewed and updated every five years to ensure that it remained fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established