Facade Concept Pty Ltd Summary

[2016] FWCA 1235

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Facade Concept Pty Ltd

(AG2016/184)

FACADE CONCEPT PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Facade Concept Pty Ltd Enterprise Agreement 2016 - 2019.

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

Facade Concept Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Facade

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 was approved on 26 February 2016 and, in accordance with s.54, will

operate from 4 March 2016. The nominal expiry date of the Agreement is 26 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Facade Concept Pty Ltd sought approval for an enterprise agreement covering the period from 2016 to 2019, under the Fair Work Act 2009. The agreement, named the Facade Concept Pty Ltd Enterprise Agreement 2016 - 2019, was submitted for endorsement by the Fair Work Commission, following the provisions of section 185 of the Act. The applicant, Facade Concept Pty Ltd, is a company operating within the building, metal, and civil construction industries.

The primary legal issues before the court involved determining whether the agreement met the statutory requirements for approval as outlined in sections 186, 187, and 188 of the Fair Work Act. These sections pertain to the criteria that an enterprise agreement must satisfy to be eligible for endorsement by the Fair Work Commission. This included verifying if the agreement was fairly negotiated, if it met the terms and conditions set by the Act, and if it adhered to the process and procedural fairness.

Commissioner Roe, who presided over the case, concluded that all necessary requirements were fulfilled. The agreement was approved on 26 February 2016 and was set to take effect from 4 March 2016, with a nominal expiry date of 26 February 2019. The decision to approve the agreement was based on the satisfactory fulfillment of the criteria established under the Fair Work Act, ensuring that the agreement would operate within the legal framework designed to protect both employer and employee interests.

Facade Concept Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established