Queensland Master Builders Association

[2013] FWCA 65

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2012/13064)

GV AND JK CARROLL PAINTERS PTY LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 JANUARY 2013

Application for approval of the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 December 2012 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2012 - 2016 (“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 parties involved in this matter are the Queensland Master Builders Association and GV and JK Carroll Painters Pty Ltd, with the dispute centering around the approval of an enterprise agreement for the years 2012 to 2016. The matter was heard in the Fair Work Commission. The primary legal issues the court needed to address were whether the enterprise agreement complied with the relevant statutory requirements and if it was made in good faith and in the best interests of the employees.

The court considered various factors in its reasoning, including whether the agreement met the procedural fairness standards set out in the Fair Work Act. It was essential to ensure that the bargaining process was genuine and that the agreement reflected the true terms negotiated between the employer and the employees' representatives. Additionally, the court examined the substance of the agreement to ensure it complied with the provisions of the Fair Work Act, such as the minimum entitlements for employees.

Upon reviewing the evidence and submissions from both parties, the court found that the enterprise agreement was made in good faith and complied with the necessary statutory requirements. The agreement was considered to be in the best interests of the employees, as it provided fair and reasonable terms that reflected the bargaining process. Consequently, the court approved the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2012 - 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established