Queensland Master Builders Association Summary

[2013] FWCA 9150

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/10086)

RAZOR CONCRETE CUTTING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 NOVEMBER 2013

Application for approval of the Razor Concrete Cutting Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 14 November 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Razor Concrete Cutting Pty Ltd Enterprise Agreement 2013 (“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 matter involved an application for the approval of the Razor Concrete Cutting Pty Ltd Enterprise Agreement 2013 by the Queensland Master Builders Association. The Fair Work Commission was the tribunal tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary dispute centred around whether the agreement adequately provided for the employees' safety, health, and welfare, and if it contained terms that were fair and reasonable.

The legal issues that the Commission needed to address included whether the agreement contained provisions that were necessary to protect the employees' safety, health, and welfare, and whether these provisions were adequate. Additionally, the Commission had to consider whether the agreement contained terms that were fair and reasonable, and whether it complied with the requirements of the Fair Work Act. The focus was on scrutinising the specific terms and conditions outlined in the agreement to ensure they met the statutory standards.

The Fair Work Commission found that the agreement contained the necessary provisions to protect the employees' safety, health, and welfare, and that these provisions were adequate. The Commission also determined that the agreement contained terms that were fair and reasonable. Consequently, the application for approval was approved, and the agreement was registered. The Commission's decision was grounded in the understanding that the agreement, as presented, met the statutory requirements and provided a fair framework for the employment relationship.

The final orders included the approval and registration of the Razor Concrete Cutting Pty Ltd Enterprise Agreement 2013. The decision was a comprehensive assessment of the agreement's provisions and terms, ensuring they aligned with the legislative standards set forth in the Fair Work Act.

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