Beyond Flooring Pty Ltd

[2020] FWCA 6898

[2020] FWCA 6898

FAIR WORK COMMISSION

DECISION

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

Beyond Flooring Pty Ltd
(AG2020/3384)

BEYOND FLOORING PTY LTD ENTERPRISE AGREEMENT 2020 –2024

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 DECEMBER 2020

Application for approval of the Beyond Flooring Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Beyond Flooring Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Beyond Flooring Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 25 December 2020. The nominal expiry date of the Agreement is 18 December 2024.

DEPUTY PRESIDENT

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Annexure A