DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accent Nominees Pty Ltd T/A Formstruct
(AG2014/10495)

FORMSTRUCT ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 FEBRUARY 2015

Application for approval of the Formstruct Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Formstruct Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Accent Nominees Pty Ltd T/A Formstruct. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 23 February 2015 and, in accordance with s.54, will operate from 2 March 2015. The nominal expiry date of the Agreement is
23 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Accent Nominees Pty Ltd, trading as Formstruct, applied to the Fair Work Commission for the approval of the Formstruct Enterprise Agreement 2014. The application arose from negotiations between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved examining the negotiation process, the content of the agreement, and its compliance with minimum entitlements and protections provided by the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for the proper resolution of any disputes that might arise.

In assessing the application, the Commission considered the evidence provided by both parties regarding the negotiation process and the content of the agreement. The Commission determined that the agreement was negotiated in good faith and that it provided for the proper resolution of disputes. Furthermore, the Commission found that the agreement met all the minimum entitlements and protections required by the Act. Consequently, the Commission approved the Formstruct Enterprise Agreement 2014, finding it to be in compliance with the statutory requirements.

The Fair Work Commission's decision to approve the agreement was based on the evidence of proper negotiation procedures and the agreement's compliance with legal standards. The final orders included the approval of the Formstruct Enterprise Agreement 2014, effective from the date of the decision. This approval signified that the agreement was now a legally binding document between the employer and the employees' representative.

Accent Nominees Pty Ltd T/A Formstruct

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established