DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Flehan Brothers Pty Ltd T/A The Firm
(AG2017/3157)

FLEHAN BROTHERS PTY LTD ENTERPRISE AGREEMENT 2017

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Flehan Brothers Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Flehan Brothers Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flehan Brothers Pty Ltd T/A The Firm. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 20 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Flehan Brothers Pty Ltd T/A The Firm, the Fair Work Commission was tasked with approving an enterprise agreement between the employer, Flehan Brothers Pty Ltd, and its employees, as per the Fair Work Act 2009. The applicant sought to have the agreement, which was reached after negotiations between the employer and the employees, approved as a modern award. The agreement covered various aspects, including wages, conditions, and other employment-related matters. The legal issues before the Commission centred on whether the agreement complied with the statutory requirements set out in the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it contained the minimum terms and conditions as stipulated by law, and if it adhered to the procedural requirements for registration. The Commission examined the evidence provided and assessed whether the agreement met the criteria for approval. It was established that the agreement had been genuinely negotiated, as evidenced by the extensive discussions and compromises made by both parties. Additionally, the agreement contained all the minimum terms and conditions mandated by the Fair Work Act and the relevant awards. Furthermore, the procedural requirements for registration were satisfied, as the necessary steps had been followed. Based on these findings, the Fair Work Commission approved the enterprise agreement, deeming it to be compliant with the statutory requirements. The decision was made in the interest of maintaining a fair and balanced relationship between the employer and the employees, while also ensuring that the agreement met the legal standards set out in the Fair Work Act.

Flehan Brothers Pty Ltd T/A The Firm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established