Queensland Master Builders Association, Industrial Organisation of Employers Summary

[2013] FWCA 1121

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
(AG2013/306)

COFORDO 295 PTY LTD ENTERPRISE AGREEMENT 2013

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

Application for approval of the Cofordo 295 Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 February 2013 by Queensland Master Builders Association, Industrial Organisation of Employers for the approval of a single-enterprise agreement known as the Cofordo 295 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 case before the Fair Work Commission involved an application by the Queensland Master Builders Association, Industrial Organisation of Employers, for approval of the Cofordo 295 Pty Ltd Enterprise Agreement 2013. This agreement was intended to regulate the terms and conditions of employment for workers within the scope of the agreement. The matter was heard by the Fair Work Commission, which is responsible for the administration and enforcement of the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, which mandates that an agreement must be "certified as a registered agreement" if it is to have effect. The Commission needed to determine if the agreement complied with the Act's provisions, including the mandatory terms set out in Schedule 1 of the Act. The Commission was also required to consider whether the agreement had been negotiated genuinely and in good faith, as mandated by the legislation.

In its decision, the Commission examined the process by which the agreement was negotiated and concluded that it had been done in good faith. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and that it did not include any provisions that were detrimental to the workers. Furthermore, the Commission determined that the agreement met all the criteria for approval as set out in the Act. Consequently, the Commission approved the application for the registration of the enterprise agreement.

As a result of the decision, the Fair Work Commission certified the Cofordo 295 Pty Ltd Enterprise Agreement 2013 as a registered agreement, effective from the date of the decision. This meant that the agreement could now be used to regulate the employment terms and conditions of the workers covered by the agreement, and it provided a framework for resolving any future disputes that may arise between the employer and the employees.

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