DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Euro Masonry Pty Ltd
(AG2018/5000)

EURO MASONRY PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Euro Masonry Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Euro Masonry Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Euro Masonry Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Euro Masonry Pty Ltd applied to the Fair Work Commission for approval of the Euro Masonry Pty Ltd Enterprise Agreement 2018 - 2022. The dispute was heard by the Commission's Deputy President, K. A. Jackson. The primary issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined whether the agreement complied with the procedural requirements, such as whether it had been fairly negotiated and whether the appropriate processes were followed. Additionally, the Commission considered whether the agreement contained the necessary provisions and whether it adhered to the Fair Work Act's substantive requirements. The Commission also evaluated if the agreement met the "better off overall test" (BOOT), which required that employees would be no worse off and at least some would be better off financially under the agreement compared to the applicable awards.

The Commission found that the agreement had been fairly negotiated and met all procedural requirements. It also contained the necessary provisions and adhered to the Fair Work Act's substantive requirements. Furthermore, the Commission determined that the agreement met the BOOT, as employees would not be worse off and some would be better off financially. Consequently, the Commission approved the Euro Masonry Pty Ltd Enterprise Agreement 2018 - 2022.

The Fair Work Commission approved the Euro Masonry Pty Ltd Enterprise Agreement 2018 - 2022, confirming its compliance with the Fair Work Act's procedural, substantive, and BOOT requirements.

Euro Masonry 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