Queensland Master Builders Association Summary

[2013] FWCA 1613

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/531)

QUEENSLAND FACADE INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 MARCH 2013

Application for approval of the Queensland Facade Installations Pty Ltd Enterprise Agreement 2013-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 March 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Queensland Facade Installations Pty Ltd Enterprise Agreement 2013-2017 (“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 Queensland Master Builders Association made an application to the Fair Work Commission for the approval of the Queensland Facade Installations Pty Ltd Enterprise Agreement 2013-2017. The application was made by the Association under section 232 of the Fair Work Act 2009. The respondents to the application were the Queensland Facade Installations Pty Ltd and its employees. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for being approved as a safety net agreement.

The legal issues before the court were whether the agreement was a safety net agreement, whether the agreement met the requirements of the Fair Work Act 2009, and whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net. The court had to determine if the agreement contained terms and conditions that were no less favourable than the applicable award or safety net and if the agreement met the requirements of the Fair Work Act 2009.

The court found that the agreement was a safety net agreement and met the requirements of the Fair Work Act 2009. The agreement provided for terms and conditions that were no less favourable than the applicable award or safety net. The court also found that the agreement was in the best interests of the employees and was fair and reasonable. The application for approval of the agreement was therefore granted. The court made an order approving the agreement as a safety net agreement under section 232 of the Fair Work Act 2009.

Queensland Master Builders Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established