Queensland Master Builders Association Summary

[2013] FWCA 1045

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/221)

CARIBBEAN CONTRACTORS PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Caribbean Contractors Pty Ltd Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 February 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Caribbean Contractors Pty Ltd Enterprise Agreement (“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 sought approval of an enterprise agreement entered into by Caribbean Contractors Pty Ltd. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the Commission had to consider whether the agreement complied with the process and content requirements set out in the Act, including whether it was made in good faith and covered all necessary terms.

The Commission reviewed the process by which the agreement was made, assessing if it was done in accordance with the provisions of the Act. It examined whether the agreement was genuinely negotiated between the parties and whether there was sufficient evidence of good faith bargaining. Additionally, the Commission evaluated the content of the agreement, ensuring it covered all mandatory topics and did not include terms that were contrary to public policy or that failed to meet the statutory minimum standards. The Commission concluded that the agreement was made in good faith and complied with the legislative requirements for enterprise agreements.

Having found that the agreement met the necessary criteria, the Commission approved the Caribbean Contractors Pty Ltd Enterprise Agreement. The approval was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. The Commission's decision was informed by its assessment of the negotiation process and the content of the agreement, which it found to be compliant with the statutory obligations.

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