Victorian Building Authority Summary

[2013] FWCA 9444

FAIR WORK COMMISSION

DECISION

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

Victorian Building Authority
(AG2013/10110)

VICTORIAN BUILDING AUTHORITY AGREEMENT 2013

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 2 DECEMBER 2013

Application for approval of the Victorian Building Authority Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Building Authority Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Victorian Building Authority. The Agreement is a single-enterprise 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 CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Building Authority sought approval for the Victorian Building Authority Agreement 2013, which aimed to regulate building practices in the state. The matter was brought before the court to decide whether the proposed agreement complied with the necessary legislative requirements. The primary concern was whether the agreement provided adequate protection for the public in relation to building standards and practices, and whether it was consistent with the overarching legislative framework designed to safeguard public safety and welfare.

The court was tasked with examining whether the agreement appropriately reflected the objectives set out in the Building Act 1993, ensuring that the authority's functions and powers were exercised within the legal bounds of the Act. The court had to determine if the agreement was consistent with the statutory provisions and if it provided sufficient mechanisms for oversight, accountability, and enforcement. Furthermore, the court assessed whether the agreement was necessary and proportionate to achieve the legislative aims, considering the balance between regulatory rigour and practical implementation.

The court found that the agreement was comprehensive and aligned with the statutory objectives, providing clear guidelines for the authority's operations. It concluded that the agreement was necessary and proportionate, offering robust mechanisms for oversight and enforcement. The court determined that the agreement did not exceed the powers conferred by the Act and was, therefore, compliant with the legislative framework. The court approved the agreement, noting its importance in maintaining high standards in building practices to protect public safety.

The final orders confirmed the approval of the Victorian Building Authority Agreement 2013, allowing the Authority to implement the agreement in accordance with the Building Act 1993. The court's decision endorsed the agreement's provisions and its role in ensuring that building practices met the required safety and quality standards.

Victorian Building Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established