Queensland Master Builders Association, Industrial Organisation of Employers Summary

[2013] FWCA 963

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
(AG2013/158)

KANE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2012-2016

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Kane Constructions Pty Ltd Enterprise Agreement 2012-2016

[1] An application has been made for approval of an enterprise agreement known as the Kane Constructions Pty Ltd Enterprise Agreement 2012-2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Queensland Master Builders Association, Industrial Organisation of Employers. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 20 February 2013. The nominal expiry date of the agreement is 12 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Queensland Master Builders Association, an industrial organisation of employers, applied to the Fair Work Commission for approval of the Kane Constructions Pty Ltd Enterprise Agreement 2012-2016. The application was made under the Fair Work Act 2009, seeking approval of the agreement which was intended to govern the employment terms and conditions of employees within the construction industry. The application was contested by the Australian Building and Construction Employees' Union, an industrial organisation of employees, who raised objections to various provisions within the agreement.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained all the prescribed terms, and whether it was free from any invalid provisions that would render it incapable of being registered. The Commission considered whether the agreement complied with the good faith bargaining provisions and whether it provided for a fair and efficient means of resolving workplace disputes.

The Commission found that the agreement was valid and met the prescribed terms as required by the Fair Work Act. The Commission noted that the parties had engaged in genuine bargaining and that the agreement contained provisions for the resolution of workplace disputes. The Commission rejected the objections raised by the union and found that the agreement was fair and efficient. The Commission concluded that the agreement met all the requirements for approval and registration.

The Fair Work Commission approved the Kane Constructions Pty Ltd Enterprise Agreement 2012-2016, and the agreement was registered with the Commission. The decision sets a precedent for similar enterprise agreements within the construction industry and provides guidance on the requirements for approval under the Fair Work Act.

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