Queensland Master Builders Association, Industrial Organisation of Employers Summary

[2013] FWCA 1947

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
(AG2013/5777)

PDQ ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 APRIL 2013

Application for approval of the PDQ Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 March 2013 by Queensland Master Builders Association, Industrial Organisation of Employers for the approval of a single-enterprise agreement known as the PDQ Enterprise Agreement 2012 (“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] 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

In the case of Queensland Master Builders Association, Industrial Organisation of Employers, the matter before the Fair Work Commission was an application for the approval of the PDQ Enterprise Agreement 2012. The application was brought by the Queensland Master Builders Association and the Industrial Organisation of Employers, who sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The dispute arose from the negotiation of a new enterprise agreement between the employers and their employees, and the subsequent application for its approval.

The primary legal issues before the Commission involved determining whether the proposed agreement met the criteria for approval as a protected action agreement. This required the Commission to consider whether the agreement was genuinely negotiated, whether it was in the best interests of the employees, and whether it complied with the requirements of the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided adequate protections for employees, particularly in relation to the proposed changes to the existing terms and conditions of employment.

The Commission found that the proposed agreement was genuinely negotiated between the parties and was in the best interests of the employees. It was determined that the agreement provided adequate protections for employees and complied with the requirements of the Fair Work Act. The Commission approved the PDQ Enterprise Agreement 2012 as a protected action agreement, finding that it met all the necessary criteria for approval. This decision was based on the evidence presented by the parties and the findings of the Commission regarding the genuine negotiation and the benefits of the agreement to the employees.

The Fair Work Commission approved the PDQ Enterprise Agreement 2012 as a protected action agreement. This decision was based on the Commission's findings that the agreement was genuinely negotiated, in the best interests of the employees, and complied with the requirements of the Fair Work Act. The approval of the agreement allowed for the implementation of the new terms and conditions of employment for the employees covered by the agreement.

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