DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Façade Concept Pty Ltd
(AG2019/4048)

FAÇADE CONCEPT PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2019

Application for approval of the Façade Concept Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Façade Concept Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Façade Concept Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 3 November 2023.

COMMISSIONER

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Façade Concept Pty Ltd, an enterprise, applied to the Fair Work Commission for the approval of the Façade Concept Pty Ltd Enterprise Agreement 2019-2023. The dispute arose from a disagreement regarding the terms and conditions of employment within the enterprise, particularly focusing on the proposed enterprise agreement. The Fair Work Commission was the judicial body tasked with reviewing and determining the validity and fairness of the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to ascertain if the agreement provided for the fair and efficient determination of terms and conditions of employment, and if it adhered to the relevant procedural requirements. Additionally, the Commission needed to ensure that the agreement was consistent with the national minimum standards of employment, particularly focusing on matters such as pay rates, working hours, and leave entitlements.

In deliberating on the matter, the Commission considered extensive submissions from both Façade Concept Pty Ltd and the employees' representative. The Commission evaluated the proposed terms against the benchmarks set forth by the Fair Work Act, examining the agreement's provisions and the procedural fairness of the bargaining process. After a thorough assessment, the Commission concluded that the proposed agreement was fair and appropriate for approval, as it met the statutory requirements and was consistent with the national employment standards. The Commission's decision was grounded on the premise that the agreement provided for a fair and efficient resolution of employment terms while safeguarding the rights of both employers and employees.

The Fair Work Commission approved the Façade Concept Pty Ltd Enterprise Agreement 2019-2023, thereby resolving the dispute. The Commission's decision was based on its finding that the agreement was fair, efficient, and compliant with the national employment standards. The approval of the agreement ensures that the terms and conditions of employment within the enterprise are properly regulated and that both parties' rights are protected. This outcome provides clarity and certainty for the enterprise and its employees, allowing them to operate under a mutually agreed framework for the duration of the agreement.

Façade Concept Pty Ltd

DECISION

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Legal Principle Established