DECISION

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

Blue Star Plastering Pty Ltd
(AG2015/3335)

BLUE STAR PLASTERING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 JULY 2015

Application for approval of the Blue Star Plastering Pty Ltd Enterprise Agreement 2019.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 July 2015 by Blue Star Plastering Pty Ltd for the approval of a single-enterprise agreement known as the Blue Star Plastering Pty Ltd Enterprise Agreement 2019 (“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Blue Star Plastering Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicants, Blue Star Plastering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), argued that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislative provisions.

The legal issues before the Commission included whether the proposed agreement provided for a proper balance between the interests of the employer and employees, and whether it contained provisions that were necessary to protect employees' rights and entitlements. The Commission also had to consider whether the agreement included provisions that were reasonably necessary to facilitate the operation of a business and to allow for genuine flexibility in the workplace.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable and complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for a balanced approach to the interests of both the employer and employees, and included provisions that were necessary to protect employees' rights and entitlements. The Commission also found that the agreement contained provisions that were reasonably necessary to facilitate the operation of a business and to allow for genuine flexibility in the workplace.

The Fair Work Commission approved the Blue Star Plastering Pty Ltd Enterprise Agreement 2019, which will now apply to the employees covered by the agreement. The Commission noted that the agreement provided for a fair and reasonable balance between the interests of the employer and employees, and that it complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement included provisions that were necessary to protect employees' rights and entitlements, and that it contained provisions that were reasonably necessary to facilitate the operation of a business and to allow for genuine flexibility in the workplace.

Blue Star Plastering Pty Ltd

DECISION

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Legal Principle Established