DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bianco Walling Pty Ltd T/A Bianco Precast
(AG2016/5696)

BIANCO WALLING PTY LTD (GEPPS CROSS SITE) ENTERPRISE AGREEMENT 2016 - OFF SITE

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site.

[1] An application has been made for approval of an enterprise agreement known as the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bianco Walling Pty Ltd T/As Bianco Precast. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers' Union for the approval of the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site. The application was heard by the Fair Work Commission, specifically Commissioner R M G Parker. The primary dispute centred around the terms and conditions of employment for workers at the Gepps Cross Site of Bianco Walling Pty Ltd, and whether the proposed enterprise agreement was fair and reasonable.

The legal issues that the Fair Work Commission had to address included whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it adhered to the principles of the Fair Work Act 2009. This included ensuring that the agreement was not unfair, that it covered all necessary aspects of the employment relationship, and that it was free from any discriminatory provisions.

Commissioner Parker examined the provisions of the agreement, the submissions from both the applicant and the respondent, and the broader context of the enterprise bargaining process. The Commissioner found that the agreement was fair and reasonable, meeting the requirements of the Fair Work Act. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions for the employees and was not unfair.

The Fair Work Commission approved the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site, with the approval taking effect from 1 July 2016. The agreement was to remain in force until 30 June 2020, subject to the parties' rights to make further applications to the Commission.

Bianco Walling Pty Ltd T/A Bianco Precast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established