DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Structure 360 Pty Ltd
(AG2019/1419)

STRUCTURE 360 PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 16 JULY 2019

Application for approval of the Structure 360 Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Structure 360 Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Structure 360 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2019. The nominal expiry date of the Agreement is 15 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Structure 360 Pty Ltd, which sought approval of its Enterprise Agreement 2019. The dispute centred around the agreement's provisions concerning employee entitlements, particularly in relation to overtime and penalty rates. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around the fairness test, as outlined in the Fair Work Act. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the need for flexibility and efficiency in the workplace. It also needed to ensure that the agreement did not unfairly disadvantage any group of employees, particularly in terms of overtime entitlements and penalty rates.

In delivering its decision, the Fair Work Commission examined the evidence and submissions presented by both Structure 360 Pty Ltd and the employees' representatives. The Commission found that the agreement, while providing for some flexibility in working hours, adequately protected employee entitlements and did not unjustifiably disadvantage any group. The provisions for overtime and penalty rates were deemed to be fair and reasonable, balancing the needs of the employer with the rights of the employees.

The Fair Work Commission approved the Enterprise Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act. These modifications primarily involved clarifying the application of penalty rates in specific circumstances. The final orders required Structure 360 Pty Ltd to implement the modified agreement and ensure that all employees were informed of the changes.

Structure 360 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