DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Stone Services Pty Ltd
(AG2016/3991)

PRECISION STONE SERVICES PTY LTD COLLECTIVE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Precision Stone Services Pty Ltd Collective Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Precision Stone Services Pty Ltd Collective Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Stone Services Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Precision Stone Services Pty Ltd, a company involved in the stonemasonry industry, was the subject of a dispute regarding the approval of a collective agreement. The Fair Work Commission was tasked with determining whether the Precision Stone Services Pty Ltd Collective Agreement 2016-2020 should be approved. The agreement in question was the result of negotiations between the employer and the employees' representative, the Building, Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it met the necessary standards for approval.

The primary legal issues that the Commission had to decide were whether the agreement contained terms and conditions that were consistent with the objects of the Act, whether the agreement was made in good faith, and whether it had been fairly negotiated. Additionally, the Commission considered whether the agreement adequately protected the rights of employees and provided for a fair and efficient workplace. The Commission also needed to determine whether the agreement complied with the procedural requirements for its approval, including whether it was properly certified and whether the employer had provided all necessary information and documentation.

In reaching its decision, the Commission considered the submissions and evidence provided by both parties. The Commission found that the agreement contained terms and conditions that were consistent with the objects of the Act and were fair and reasonable in the circumstances. The Commission was satisfied that the agreement had been made in good faith and had been fairly negotiated. Furthermore, the Commission was satisfied that the agreement adequately protected the rights of employees and provided for a fair and efficient workplace. The Commission also found that the agreement complied with the procedural requirements for its approval. Accordingly, the Commission approved the Precision Stone Services Pty Ltd Collective Agreement 2016-2020.

The Commission's final orders were that the Precision Stone Services Pty Ltd Collective Agreement 2016-2020 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision and would remain in force until the end of the agreement period, unless terminated earlier in accordance with its terms. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that a copy of the approved agreement be provided to both parties.

Precision Stone Services 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