Queensland Master Builders Association

[2013] FWCA 1513

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/5465)

BRADVIEW PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 MARCH 2013

Application for approval of the Bradview Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 March 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Bradview Pty Ltd Enterprise Agreement 2013 (“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 case involved the Queensland Master Builders Association seeking approval of the Bradview Pty Ltd Enterprise Agreement 2013. This agreement was being considered by the Fair Work Commission. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and, in particular, if it met the criteria for being a 'single interest employer agreement'. The Bradview Pty Ltd Enterprise Agreement 2013 was proposed to cover employees of Bradview Pty Ltd, who were engaged in the construction industry in Queensland.

The legal issues before the court included whether the agreement appropriately represented the interests of the employees it covered, and whether the agreement met the statutory criteria for a 'single interest employer agreement'. The key contention was whether Bradview Pty Ltd could be considered a single interest employer, as defined by the Fair Work Act. Additionally, the court needed to determine if the agreement had been made in accordance with the procedural requirements set out in the Act.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, concluded that Bradview Pty Ltd did indeed meet the definition of a single interest employer. The agreement was found to appropriately represent the interests of the employees and adhered to the necessary procedural requirements. Consequently, the application for approval of the Bradview Pty Ltd Enterprise Agreement 2013 was granted. The court found that the agreement was fair and reasonable, and thus met the statutory criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established