DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brix Projects Australia T/A Synchro Group Pty Ltd
(AG2016/1439)

BRIX PROJECTS AUSTRALIA ONSITE CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 14 JULY 2016

Application for approval of the BRIX Projects Australia Onsite Construction Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the BRIX Projects Australia Onsite Construction Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brix Projects Australia T/A Synchro Group Pty Ltd. 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 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 14 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brix Projects Australia T/A Synchro Group Pty Ltd was the subject of an application to the Fair Work Commission for the approval of an enterprise agreement. The proposed agreement, the BRIX Projects Australia Onsite Construction Employees Enterprise Agreement 2016-2020, was submitted by the employer seeking endorsement. The dispute involved the terms and conditions of employment for onsite construction employees, including wages, hours, and other workplace arrangements. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues that the Commission had to decide were whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it contained all the prescribed terms, and whether it was free from any unfair content. The Commission needed to ensure that the agreement did not undermine the safety net of minimum entitlements, that it did not discriminate unfairly, and that it was not contrary to the objects of the Act. Additionally, the Commission had to assess whether the agreement was made in accordance with the procedural requirements outlined in the legislation.

The Commission found that the agreement contained all the prescribed terms and did not include any unfair content. It confirmed that the agreement was made in accordance with the necessary procedures and did not undermine the safety net of minimum entitlements. The Commission was satisfied that the agreement was not discriminatory and aligned with the objects of the Fair Work Act. As a result, the Commission approved the BRIX Projects Australia Onsite Construction Employees Enterprise Agreement 2016-2020.

The Fair Work Commission approved the BRIX Projects Australia Onsite Construction Employees Enterprise Agreement 2016-2020, effective from the date of the decision. This approval validated the terms and conditions set out in the agreement, which now governed the employment of the relevant employees during the specified period. The decision confirmed the agreement's compliance with the Fair Work Act and its procedural requirements.

Brix Projects Australia T/A Synchro Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established