Queensland Master Builders Association

[2013] FWCA 1096

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/282)

COASTAL STEELFIXING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 FEBRUARY 2013

Application for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 February 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015 (“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 brought an application for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015 before the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the terms and conditions of the enterprise agreement, specifically whether it met the statutory requirements for approval and if it was in the best interests of the employees.

The legal issues before the court involved determining whether the agreement was made in good faith and if it provided for fair and reasonable terms for employees. Additionally, the court needed to assess whether the agreement met the statutory criteria for approval, including whether it was free from coercion, duress, and undue influence. The court also had to consider if the agreement would lead to improved working conditions and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms for employees. The Commission held that the agreement met all the statutory criteria for approval, including being free from coercion, duress, and undue influence. The court also determined that the agreement would lead to improved working conditions and was in the best interests of the employees. Consequently, the application for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015 was approved.

The Commission ordered the approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The AMWU's opposition to the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established