Queensland Master Builders Association

[2013] FWCA 2662

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/996)

PAGE PAINTING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 MAY 2013

Application for approval of the Page Painting Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 April 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Page Painting 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 applied for approval of the Page Painting Pty Ltd Enterprise Agreement 2013. The application was made under the Fair Work Act 2009. The application was contested by the Building Construction, Forestry, Mining and Energy Union. The union argued that the agreement was not fair and that the application should be dismissed. The court was required to decide whether the agreement was fair and whether the application should be approved.

The court considered whether the agreement met the "better off overall test" and whether it contained terms that were fair and reasonable. The court found that the agreement did not meet the better off overall test because it did not provide for a minimum wage increase. The court also found that the agreement contained terms that were not fair and reasonable, including terms that related to the calculation of penalty rates and the use of casual employees. The court dismissed the application for approval.

The court found that the agreement did not provide for a minimum wage increase and that the terms relating to penalty rates and the use of casual employees were not fair and reasonable. The court concluded that the agreement did not meet the requirements of the Fair Work Act 2009. The court dismissed the application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established