Queensland Master Builders Association, Industrial Organisation of Employers

[2013] FWCA 1039

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
(AG2013/212)

DEMOLITION ENVIRONMENTAL CIVIL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Demolition Environmental Civil Contractors Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 January 2013 by Queensland Master Builders Association, Industrial Organisation of Employers for the approval of a single-enterprise agreement known as the Demolition Environmental Civil Contractors Pty Ltd 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

The Queensland Master Builders Association, Industrial Organisation of Employers, applied for approval of the Demolition Environmental Civil Contractors Pty Ltd Enterprise Agreement 2012. The dispute was heard by the Fair Work Commission (FWC) which was required to determine if the agreement met the necessary requirements for approval under the Fair Work Act 2009. The central legal issue before the FWC was whether the agreement complied with the provisions of the Act, specifically focusing on whether it provided for the proper operation of the enterprise, and if it adhered to the good faith bargaining requirements.

The FWC considered the content of the agreement and the process by which it was negotiated. It examined whether the agreement contained all the mandated terms and conditions of employment and whether it was the product of genuine negotiations between the parties. The FWC also assessed the evidence presented regarding the bargaining process, including whether there was any undue influence or coercion that might have affected the fairness of the agreement.

After careful consideration, the FWC concluded that the agreement met the statutory requirements for approval. The FWC found that the agreement provided for the proper operation of the enterprise and that it had been negotiated in good faith. The FWC determined that all mandatory terms were included, and there was no evidence of any procedural unfairness in the bargaining process. Consequently, the FWC approved the agreement, allowing it to become a legally binding enterprise agreement.

As a result of the decision, the Demolition Environmental Civil Contractors Pty Ltd Enterprise Agreement 2012 was approved and became effective. The parties were bound by the terms and conditions set out in the agreement, and the FWC's approval provided certainty and stability for the enterprise and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established