Queensland Master Builders Association, Industrial Organisation of Employers Summary

[2013] FWCA 7418

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association, Industrial Organisation of Employers
(AG2013/2950)

BREEZEVIEW WINDOWS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 SEPTEMBER 2013

Application for approval of the Breezeview Windows Enterprise Agreement 2013.

[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, Industrial Organisation of Employers for the approval of a single-enterprise agreement known as the Breezeview Windows Enterprise Agreement 2013 (“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] On 27 September 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.

[4] 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.

[5] 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 and Industrial Organisation of Employers applied for approval of the Breezeview Windows Enterprise Agreement 2013, which was entered into by employers and employees in the windows and glazing industry. The application was made under the Fair Work Act 2009, and the dispute was heard in the Fair Work Commission. The applicants sought to have the agreement registered as a single enterprise agreement for the windows and glazing industry in Queensland. The dispute centred on whether the agreement met the requirements of the Act, including whether it provided for genuine agreement and whether it was procedurally valid.

The primary legal issue before the Commission was whether the agreement was genuinely agreed upon by the parties. The Commission needed to determine if the agreement reflected the true consensus of the parties and if it was not the result of any form of coercion or undue influence. Additionally, the Commission had to assess whether the agreement was procedurally valid, including whether proper consultation and negotiation processes were followed. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment.

In assessing the agreement, the Commission considered the evidence provided by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely agreed upon by the parties, as evidenced by the negotiation process and the terms of the agreement. The Commission also found that the agreement was procedurally valid, as proper consultation and negotiation processes were followed. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees in the industry.

Based on the findings, the Commission approved the Breezeview Windows Enterprise Agreement 2013 as a single enterprise agreement for the windows and glazing industry in Queensland. The agreement was registered on the National Employment Standards Register and will apply to all employees in the industry covered by the agreement. The decision of the Commission is final and binding, and no further appeal is possible.

Queensland Master Builders Association, Industrial Organisation of Employers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established