Queensland Master Builders Association

[2013] FWCA 3304

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/1223)

KULA CONSTRUCTIONS (QLD) PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MAY 2013

Application for approval of the Kula Constructions (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 21 May 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Kula Constructions (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 Kula Constructions (QLD) Pty Ltd Enterprise Agreement 2013-2017. The dispute arose from the association's claim that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The association argued that the agreement failed to address certain matters and contained provisions that were inconsistent with the national employment standards.

The legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions specified in the Fair Work Act, and whether any of the provisions were inconsistent with the national employment standards or otherwise unfair. The Commission had to determine if the agreement met the statutory requirements for approval and if it was fair and reasonable in all its terms.

The Commission found that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act. The Commission also determined that none of the provisions in the agreement were inconsistent with the national employment standards. The agreement was found to be fair and reasonable in all its terms, taking into account the nature of the industry and the bargaining positions of the parties. The application for approval was therefore granted.

The Commission approved the Kula Constructions (QLD) Pty Ltd Enterprise Agreement 2013-2017, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the employees of Kula Constructions (QLD) Pty Ltd. The parties were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established