Queensland Master Builders Association

[2013] FWCA 9138

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/10075)

NYHOLT CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 NOVEMBER 2013

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

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 November 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Nyholt Constructions Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”).

[2] On 21 November 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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 judicial approval for the Nyholt Constructions Pty Ltd Enterprise Agreement 2013-2017, following disputes regarding the fairness and validity of the agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the Commission tasked with determining whether the agreement met the necessary criteria for registration.

The primary legal issues revolved around the agreement's compliance with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the court had to examine whether the agreement was genuinely negotiated, and if it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the court needed to assess whether the agreement was fair and balanced, taking into account the interests of both employers and employees.

In delivering its decision, the Commission carefully evaluated the evidence and submissions presented by both parties. The Commission found that the Nyholt Constructions Pty Ltd Enterprise Agreement 2013-2017 was genuinely negotiated, contained the required minimum terms, and was fair and balanced. The Commission concluded that the agreement met all the necessary criteria for registration, and approved the agreement for registration under the Fair Work Act.

As a result of the Commission's decision, the Nyholt Constructions Pty Ltd Enterprise Agreement 2013-2017 was approved for registration, and the Queensland Master Builders Association's application for approval was successful. This decision provides clarity on the requirements for enterprise agreements and the role of the Fair Work Commission in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established