Precise Fitouts Pty Ltd T/A Thomas Brown Shopfitters

[2018] FWCA 2598

[2018] FWCA 2598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precise Fitouts Pty Ltd T/A Thomas Brown Shopfitters
(AG2018/652)

PRECISE FITOUTS PTY LTD T/AS THOMAS BROWN SHOPFITTERS AND EMPLOYEES ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 MAY 2018

Application for approval of the Precise Fitouts Pty Ltd t/as Thomas Brown Shopfitters and Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Precise Fitouts Pty Ltd t/as Thomas Brown Shopfitters and Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precise Fitouts Pty Ltd T/A Thomas Brown Shopfitters. 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. 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.

[3] The Agreement contains a consultation term in Clause 1.6 that is compliant with s.205 of the Act. The Clause contains a typographical error in Clause 1.6.2. As a result, the reference in Clause 1.6.2 to paragraph ‘7.1(1)’ is corrected to ‘1.6.1(1)’ under s.586 of the Act.

[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 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 9 May 2021.

COMMISSIONER

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