Advance Formwork Pty Ltd Summary

[2013] FWCA 2115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advance Formwork Pty Ltd
(AG2013/4919)

ADVANCE FORMWORK PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2012-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 APRIL 2013

Application for approval of the Advance Formwork Pty Ltd and Employees Enterprise Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Advance Formwork Pty Ltd and Employees Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Advance Formwork Pty Ltd and Employees Enterprise Agreement 2012-2014. The applicant was Advance Formwork Pty Ltd, and the respondent was the Construction, Forestry, Mining and Energy Union. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, specifically whether they complied with the Fair Work Act 2009.

The legal issues the court needed to address were whether the provisions of the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement provided for minimum entitlements, whether it contained any terms that were contrary to public policy, and whether it was made in good faith. Additionally, the court had to consider if the agreement adequately provided for the proper negotiation process and if it was supported by the necessary majority of employees.

The Fair Work Commission, after considering the submissions from both parties, found that the proposed enterprise agreement did not adequately meet the requirements for approval. The commission noted that certain provisions of the agreement, particularly those relating to overtime, were not sufficiently clear and specific, which could lead to confusion and potential disputes in the future. The commission also identified issues with the negotiation process, finding that it did not meet the standard of good faith negotiation as required by the Act. Consequently, the application for approval was dismissed.

No specific orders were made by the commission, as the primary focus of the decision was to determine the agreement's eligibility for approval rather than to mandate specific changes or conditions. The dismissal of the application effectively meant that the proposed enterprise agreement would not be legally binding on the parties involved until such time as it could be revised to meet the necessary legal standards.

Advance Formwork Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established