F B Masonry Pty Ltd

[2016] FWCA 1640

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

F.B. Masonry Pty Ltd T/A F.B. Masonry

(AG2016/109)

F.B. MASONRY PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries

COMMISSIONER ROE

SYDNEY, 16 MARCH 2016

Application for approval of the F.B. Masonry Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the

F.B. Masonry Pty Ltd 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 F.B.

Masonry Pty Ltd T/A F.B. Masonry. 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.
[2016] FWCA 1640

[5] The Agreement was approved on 16 March 2016 and, in accordance with s.54, will

operate from 23 March 2016. The nominal expiry date of the Agreement is 16 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1640

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of the F.B. Masonry Pty Ltd Enterprise Agreement 2016-2020, made under the Fair Work Act 2009 by F.B. Masonry Pty Ltd. The application sought approval for a single enterprise agreement that would govern the employment terms and conditions for employees within the building, metal, and civil construction industries. The commission was tasked with determining whether the agreement met the legislative requirements set out in the Act.

The primary legal issues addressed by the commission involved ensuring that the agreement met all necessary criteria as stipulated in sections 186, 187, 188, and 190 of the Fair Work Act. Additionally, the commission had to confirm that the prescribed model flexibility term, as outlined in the Fair Work Regulations 2009, was incorporated into the agreement. The undertakings provided by the applicant regarding the financial implications for employees and potential substantial changes to the agreement were also scrutinized to ensure compliance.

After reviewing the provided information and undertakings, the commission determined that the agreement satisfied all relevant requirements. The commission found that the applicant had provided adequate assurances that the agreement would not cause financial detriment to any employees and would not lead to substantial changes. Consequently, the agreement was approved on 16 March 2016, with an operational start date of 23 March 2016, and it will remain in effect until 16 March 2020, as per the agreement’s nominal expiry date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established