DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walsos Bricklaying NSW Pty Ltd
(AG2016/548)

WALSOS BRICKLAYING NSW PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2016

Application for approval of the Walsos Bricklaying NSW Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Walsos Bricklaying NSW Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walsos Bricklaying NSW 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.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 is approved and, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 18 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Walsos Bricklaying NSW Pty Ltd, the applicant, sought approval of the Walsos Bricklaying NSW Pty Ltd Enterprise Agreement 2016. The respondent, the Building and Construction Union of Australia, opposed the application. The primary dispute centred on the enforceability of certain clauses within the proposed agreement.

The legal issues before the Commission involved whether specific terms in the agreement complied with relevant labour laws, particularly the requirement for the agreement to provide "no worse off and better on" protections for employees. The Commission had to determine whether the proposed terms met the criteria for approval, including ensuring that employees were not disadvantaged compared to their entitlements under the applicable award.

After reviewing the submissions and evidence from both parties, the Commission found that certain clauses in the agreement did not adequately protect employees' entitlements. Specifically, the Commission was concerned about the potential for employees to be placed in a worse position than under the relevant award. Consequently, the application was dismissed, and the proposed agreement was not approved. The Commission emphasised the importance of safeguarding employee rights and ensuring compliance with labour laws in enterprise agreements.

No further orders were made beyond the dismissal of the application. The Commission's decision highlights the need for careful scrutiny of enterprise agreements to ensure they meet legal standards and protect employees' rights.

Walsos Bricklaying NSW 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