Queensland Master Builders Association

[2013] FWCA 7414

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association
(AG2013/2952)

CHAPMAN JOINERS PTY LTD ENTERPRISE AGREEMENT 2013-2017

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

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

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 September 2013 by Queensland Master Builders Association for the approval of a single-enterprise agreement known as the Chapman Joiners Pty Ltd Enterprise Agreement 2013-2017 (“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 Queensland Master Builders Association applied for a determination that the Chapman Joiners Pty Ltd Enterprise Agreement 2013-2017 be approved as a safety net agreement. The respondent, Chapman Joiners, was a small business employing a limited number of workers. The applicant argued that the agreement should be considered as a safety net agreement as it provided for terms and conditions not less favourable than the relevant awards and legislation. The primary issue for the court was whether the agreement should be approved as a safety net agreement under the Fair Work Act 2009.

The court found that the agreement met the criteria for safety net approval as it provided for terms and conditions of employment not less favourable than the applicable awards and legislation. The court examined the agreement's provisions, including pay rates, leave entitlements, and other conditions of employment, and determined that they were not less favourable than the relevant awards and legislation. The court also considered the respondent's size and the nature of its business in determining that the agreement was appropriate for safety net approval. The court concluded that the agreement should be approved as a safety net agreement.

The court made an order approving the Chapman Joiners Pty Ltd Enterprise Agreement 2013-2017 as a safety net agreement. The agreement was to be registered and have effect as a registered agreement under the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and the Fair Work Commission. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established