DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beach Houses Australia Pty Limited T/A Beach Houses Australia Pty Limited
(AG2017/42)

BEACH HOUSES AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Beach Houses Australia Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Beach Houses Australia Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beach Houses Australia Pty Limited T/A Beach Houses Australia Pty Limited. 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.

[4] The Agreement was approved on 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Beach Houses Australia Pty Limited Enterprise Agreement 2016, which was negotiated between Beach Houses Australia Pty Limited and its employees. The application was made by the employer, who sought to have the agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, including whether it complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009.

The legal issues before the Commission were whether the agreement was made in good faith, whether it was properly certified, and whether it contained all the mandatory terms required by the Fair Work Act. The Commission also needed to determine if the agreement was consistent with the relevant industrial instruments and if it complied with the procedural requirements for registration.

The Commission found that the agreement was made in good faith and that the employer had complied with the procedural requirements for registration. The agreement was certified by an independent certifier and contained all the mandatory terms required by the Fair Work Act. The Commission also found that the agreement was consistent with the relevant industrial instruments and did not contain any terms that were inconsistent with the public interest. As a result, the Commission approved the agreement and registered it as a lawful enterprise agreement.

The Commission's decision was based on the evidence presented by both parties and the applicable legal framework. The employer had demonstrated that the agreement was made in good faith and that it complied with all the legal requirements for registration. The Commission was satisfied that the agreement was fair and reasonable and would not have an adverse effect on the employees or the public interest. As a result, the Commission approved the agreement and registered it as a lawful enterprise agreement.

Beach Houses Australia Pty Limited T/A Beach Houses Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established