DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fallstop Pty Ltd T/A Fallstop Pty Ltd
(AG2020/455)

FALLSTOP PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MARCH 2020

Application for approval of the Fallstop Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Fallstop Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 March 2020. The nominal expiry date of the Agreement is 17 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fallstop Pty Ltd, trading as Fallstop Pty Ltd, was before the Fair Work Commission in an application for the approval of the Fallstop Pty Ltd Enterprise Agreement 2020 - 2024. The dispute centred on the agreement's provisions, which were being contested by the applicants, including the respondents, who sought to resolve workplace terms and conditions. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any employees or failed to provide adequate protections in line with Australia's industrial relations framework.

The Fair Work Commission examined the submissions from both sides, focusing on the procedural fairness of the agreement's formation and its substantive content. The Commission noted that the agreement had been made in good faith, with adequate consultation and negotiation processes evident. It also found that the agreement included all the minimum terms and conditions required by the Fair Work Act, and did not unfairly disadvantage any employees. Consequently, the Commission determined that the agreement was fair and should be approved.

As a result of the Commission's findings, the Fair Work Commission approved the Fallstop Pty Ltd Enterprise Agreement 2020 - 2024, thereby resolving the dispute between the applicants and the respondents. The approval of the agreement ensures that it will serve as a binding contract for the specified period, governing the terms and conditions of employment for the employees involved.

Fallstop Pty Ltd T/A Fallstop 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