DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walsos Bricklaying NSW Pty Ltd
(AG2020/2005)

WALSOS BRICKLAYING NSW PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 JULY 2020

Application for approval of the Walsos Bricklaying NSW Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Walsos Bricklaying NSW Pty Ltd Enterprise Agreement 2020 - 2024 (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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 21 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Walsos Bricklaying NSW Pty Ltd sought approval for its Enterprise Agreement 2020-2024 from the Fair Work Commission, which was then appealed to the Federal Circuit and Family Court of Australia. The applicant argued that the proposed agreement met all legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission had previously determined that the agreement did not meet the "no-disadvantage test" because it would have disadvantaged some employees. The applicant argued that the Commission had erred in its interpretation of the law and the facts.

The legal issues before the court were whether the Commission's decision was legally sound and whether the applicant's agreement met the requirements of the "no-disadvantage test". The court considered the principles established in previous cases, such as CFMEU v James [2013] FWC 9098, and the relevant provisions of the Fair Work Act. The applicant argued that the Commission had misinterpreted the law and made errors in its factual findings. The court considered whether the Commission had correctly applied the law and whether its decision was supported by the evidence.

The court found that the Commission had correctly applied the law and that its decision was supported by the evidence. The court held that the applicant's agreement did not meet the "no-disadvantage test" because it would have disadvantaged some employees. The court rejected the applicant's arguments and upheld the Commission's decision. The court found that the Commission had carefully considered the evidence and had made its decision based on a correct interpretation of the law. The court held that the applicant had not demonstrated that the Commission's decision was erroneous or unjust.

The appeal was dismissed, and the decision of the Fair Work Commission was affirmed. The applicant's Enterprise Agreement 2020-2024 was not approved. The court held that the Commission's decision was legally sound and that the applicant had not demonstrated any errors in the Commission's interpretation of the law or its factual findings. The court found that the agreement would have disadvantaged some employees and that it did not meet the requirements of the "no-disadvantage test". The court held that the Commission's decision was supported by the evidence and that the applicant had not shown that it was erroneous or unjust.

Walsos Bricklaying NSW Pty Ltd

DECISION

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Reasons for decision

Legal Principle Established