AllRound Team Pty Ltd & Hamlin

[2016] FWCA 348

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AllRound Team Pty Ltd

(AG2015/7169)

ALLROUND TEAM PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 19 JANUARY 2016

Application for approval of the Allround Team Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Allround Team Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

AllRound Team Pty Ltd. 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] 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.
[2016] FWCA 348

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

26 January 2016. The nominal expiry date of the Agreement is 18 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AllRound Team Pty Ltd applied for the approval of the Allround Team Pty Ltd Enterprise Agreement 2015 - 2019 under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Gregory in Melbourne on 19 January 2016. The enterprise agreement was for a single enterprise and related to the building, metal, and civil construction industries. The Commissioner was satisfied that the requirements of sections 186, 187, and 188 of the Act were met. The model flexibility term prescribed by the Fair Work Regulations 2009 was considered to be a term of the agreement.

The Commissioner determined that the agreement met the necessary criteria for approval, including the requirements of sections 186, 187, and 188 of the Act. Section 186 requires that the agreement be in writing and contain certain specified matters. Section 187 deals with the process for making the agreement, and section 188 addresses the contents of the agreement. The Commissioner found that the agreement complied with these provisions. Additionally, the model flexibility term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement as required by section 202(4) of the Act.

The Agreement was approved by the Commissioner and will operate from 26 January 2016, as per section 54 of the Act. The nominal expiry date of the Agreement is 18 January 2020. The Commissioner's decision ensures that the agreement is legally binding and will govern the employment conditions within the specified industries for the next four years. This decision provides clarity and stability for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established