Queensland Master Builders Association Summary

[2013] FWCA 7944

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/9699)

PRECISION KERBS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 OCTOBER 2013

Application for approval of the Precision Kerbs Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 October 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Precision Kerbs Enterprise Agreement 2013 (“the Agreement”).

[2] On 25 October 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 filed an application before the Fair Work Commission seeking approval of the Precision Kerbs Enterprise Agreement 2013. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009, specifically concerning the provisions relating to the classification of employees and the conditions of their employment.

The primary legal issues the court was required to address were whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements set out in the Fair Work Act. This included an examination of whether the agreement appropriately balanced the interests of employers and employees, and if it was made without any coercion or undue influence.

The court determined that the agreement was fair and reasonable, meeting all statutory requirements. It concluded that the classification of employees and their conditions of employment were appropriate and did not unfairly disadvantage any party. Furthermore, the court found that the agreement was made without any procedural irregularities and was in compliance with the relevant legislative provisions. The application for approval was subsequently granted.

The Fair Work Commission approved the Precision Kerbs Enterprise Agreement 2013, and the decision was made final and binding under the Fair Work Act. This decision provided clarity and certainty for the parties involved, allowing the agreement to come into effect as intended.

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