Queensland Master Builders Association

[2013] FWCA 9290

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/10157)

GLASSHAUS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 NOVEMBER 2013

Application for approval of the Glasshaus Pty Ltd Enterprise Agreement 2013-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 November 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Glasshaus 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 brought an application seeking the approval of the Glasshaus Pty Ltd Enterprise Agreement 2013-2017. The application was before the Fair Work Commission, which had jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the statutory requirements for approval and whether it met the good faith bargaining threshold.

The key legal issues before the Commission were whether the agreement was genuinely an enterprise agreement and whether it was made in good faith. The Commission had to consider whether the agreement covered a single enterprise, whether it was made between employers and employees, and whether it contained the required minimum terms and conditions. Additionally, the Commission examined whether the agreement was the product of genuine negotiations between the parties and whether the process of making the agreement met the statutory requirements.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was genuinely an enterprise agreement as it met the statutory definition, covered a single enterprise, and contained the necessary minimum terms and conditions. The Commission also determined that the agreement was made in good faith, as evidenced by the negotiations between the parties and the process followed in making the agreement. Accordingly, the Commission approved the Glasshaus Pty Ltd Enterprise Agreement 2013-2017.

The Fair Work Commission approved the Glasshaus Pty Ltd Enterprise Agreement 2013-2017, finding that it met the statutory requirements for approval and was the product of genuine negotiations. The Commission's decision underscores the importance of meeting the legal criteria for enterprise agreements and the necessity of genuine bargaining in the agreement-making process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established