All Brick Tasmania Pty Ltd T/A All Brick Tasmania

[2016] FWCA 1922

[2016] FWCA 1922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Brick Tasmania Pty Ltd T/A All Brick Tasmania
(AG2016/2460)

ALL BRICK TASMANIA PTY LTD & CFMEU ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2016

Application for approval of the All Brick Tasmania Pty Ltd & CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the All Brick Tasmania Pty Ltd & CFMEU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Brick Tasmania Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 21 February 2017.

COMMISSIONER

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Annexure A