Terrazzo (Aust) Marble Pty Limited Summary

[2014] FWCA 4612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Terrazzo (Aust) Marble Pty Limited
(AG2014/1361)

TERRAZZO (AUST) MARBLE PTY LIMITED ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JULY 2014

Application for approval of the Terrazzo (Aust) Marble Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Terrazzo (Aust) Marble Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Terrazzo (Aust) Marble Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 25 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date is four (4) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

Terrazzo (Aust) Marble Pty Limited was involved in an application before the Fair Work Commission for the approval of an enterprise agreement. The enterprise agreement in question was the Terrazzo (Aust) Marble Pty Ltd Enterprise Agreement 2014-2018. The application was brought forth by the employer, Terrazzo (Aust) Marble Pty Limited, and the relevant union, seeking the agreement's endorsement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement, and whether they met the statutory requirements for approval.

The legal issues that the Commission was required to decide included whether the proposed agreement provided for fair and reasonable terms and conditions, whether the agreement had been made in good faith and without coercion, and whether the agreement included provisions for minimum wages and other essential protections. Additionally, the Commission needed to consider if the agreement was in line with the objectives of the Fair Work Act, which include promoting high levels of employment and avoiding industrial disputes.

In reaching its decision, the Commission examined the evidence and submissions from both parties, taking into account the principles of procedural fairness and the requirement for agreements to be in the best interests of the employees. The Commission found that the proposed agreement met the necessary criteria for approval, including provisions for minimum wages, penalties for breaches, and mechanisms for dispute resolution. The Commission was satisfied that the agreement had been made in good faith, without coercion, and that it contained terms and conditions that were fair and reasonable. Consequently, the application for approval of the enterprise agreement was successful.

The final orders included the approval of the Terrazzo (Aust) Marble Pty Ltd Enterprise Agreement 2014-2018, effective from the date of the decision, with the terms and conditions as set out in the agreement. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the provisions of the approved agreement.

Terrazzo (Aust) Marble Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established