Bam & Associates Pty Ltd as Trustee for Bam Trading Trust

[2016] FWCA 1563

[2016] FWCA 1563

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bam & Associates Pty Ltd atf Bam Trading Trust

(AG2016/219)

BAM & ASSOCIATES PTY LTD AS TRUSTEE FOR BAM TRADING

TRUST EMPLOYEE ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 11 MARCH 2016

Application for approval of the Bam & Associates Pty Ltd as Trustee for BAM Trading Trust

Employee Enterprise Agreement 2015-2018.

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

Bam & Associates Pty Ltd as Trustee for BAM Trading Trust Employee Enterprise Agreement

2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work

Act 2009 (the Act). It has been made by Bam & Associates Pty Ltd atf Bam Trading Trust.

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 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[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.
[2016] FWCA 1563

[5]        The Agreement was approved on 11 March 2016 and, in accordance with s.54, will

operate from 18 March 2016. The nominal expiry date of the Agreement is 22 August 2018.

COMMISSIONER

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<Price code C, AE418182 PR577910>

[2016] FWCA 1563

Annexure A