DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Efficient Bricklaying Pty Ltd
(AG2015/4382)

EFFICIENT BRICKLAYING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the Efficient Bricklaying Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Efficient Bricklaying Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Efficient Bricklaying 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is
7 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Efficient Bricklaying Pty Ltd sought approval of their Enterprise Agreement 2015 in the Fair Work Commission. The agreement was challenged on the basis that it did not adequately provide for employee entitlements and conditions, raising concerns over compliance with relevant legislative standards. The central dispute hinged on whether the agreement's provisions were fair and reasonable under the Fair Work Act 2009.

The legal issues before the Commission involved examining the fairness and reasonableness of the agreement, specifically whether it provided for adequate employee entitlements and conditions, and if it complied with the statutory requirements. The Commission had to assess whether the agreement met the 'better off overall test' and if it included all mandated minimum terms and conditions, including those relating to minimum wages, leave entitlements, and other fundamental employment rights.

The Fair Work Commission determined that the agreement did not adequately provide for employee entitlements and conditions as required by the Fair Work Act 2009. The Commission found several deficiencies, including insufficient provisions for certain types of leave and inadequate protection of employees' rights. The Commission held that these shortcomings rendered the agreement not fair and reasonable. Consequently, the Commission did not approve the Enterprise Agreement 2015.

Efficient Bricklaying 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