Faculty Group Pty Ltd T/A Faculty Shopfitting
[2016] FWCA 7269
•11 OCTOBER 2016
| [2016] FWCA 7269 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Faculty Group Pty Ltd T/A Faculty Shopfitting
(AG2016/4314)
FACULTY GROUP PTY LTD T/A FACULTY SHOPFITTING ENTERPRISE AGREEMENT 2016
Building, metal and civil construction industries | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 11 OCTOBER 2016 |
Application for approval of the Faculty Group Pty Ltd T/A Faculty Shopfitting Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the Faculty Group Pty Ltd T/A Faculty Shopfitting Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Faculty Group Pty Ltd T/A Faculty Shopfitting. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[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.
[5] The Agreement was approved on 11 October 2016 and, in accordance with s.54, will operate from 18 October 2016. The nominal expiry date of the Agreement is 11 October 2020.
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Annexure A
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