DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wandere Pty Ltd T/A Landmark Masonry
(AG2016/5190)

WANDERE PTY LTD (T/AS LANDMARK MASONRY) ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Wandere Pty Ltd (t/as Landmark Masonry) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wandere Pty Ltd (t/as Landmark Masonry) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wandere Pty Ltd T/A Landmark Masonry. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 26 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wandere Pty Ltd, trading as Landmark Masonry, filed an application for the approval of the Enterprise Agreement 2016-2019. This case was heard before the Fair Work Commission. The crux of the dispute centred around the validity and fairness of the proposed agreement, which was to govern the employment terms between the company and its employees. The Commission was tasked with assessing whether the agreement met the requisite standards under the Fair Work Act 2009 and whether it was fair and reasonable for the employees.

The legal issues before the Commission included the procedural fairness of the agreement, its compliance with the statutory requirements, and whether it provided adequate protections for the employees. The Commission needed to determine if the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions for the employees. Additionally, the Commission examined if the agreement provided adequate safeguards for employees, including provisions for dispute resolution and minimum entitlements.

The Fair Work Commission found that the Enterprise Agreement 2016-2019 was procedurally fair and genuinely negotiated. The Commission was satisfied that the agreement complied with the statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission also noted that the agreement included adequate provisions for dispute resolution and minimum entitlements, which were in line with the Fair Work Act 2009. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the employees.

No further orders were made beyond the approval of the agreement.

Wandere Pty Ltd T/A Landmark Masonry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established