Baines Masonry Block Pty Ltd

[2015] FWCA 6216

[2015] FWCA 6216

FAIR WORK COMMISSION

DECISION

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

Baines Masonry Block Pty Ltd
(AG2015/4216)

BAINES MASONRY ENTERPRISE AGREEMENT (2015)

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the Baines Masonry Enterprise Agreement (2015).

[1] An application has been made for approval of an enterprise agreement known as the Baines Masonry 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 Baines Masonry Block Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (NSW Branch) (TWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 1 September 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Assistant Production Manager Baines Masonry along with the South Coast & Southern Sub Branch Secretary of the TWU, proposed to FWC pursuant to s.190 of the Act (the Undertakings). Correspondence was also received from the Australian Workers’ Union (AWU) dated 3 September 2015 confirming that the undertaking satisfies the concerns of the AWU.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Undertaking

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