[2015] FWCA 6203

The attached document replaces the document previously issued with the above code on 8 September 2015.

Corrected name of Applicant.

Member Assist

On behalf of Chambers of Deputy President Gostencnik

Dated 9 September 2015

[2015] FWCA 6203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advance Formwork Pty Ltd
(AG2015/4448)

ADVANCE FORMWORK PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 8 SEPTEMBER 2015

Application for approval of the Advance Formwork Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Advance Formwork Pty Ltd Employee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advance Formwork 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is
8 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Advance Formwork Pty Ltd, an employer, filed an application for the approval of the Advance Formwork Pty Ltd Employee Enterprise Agreement 2015. The applicant sought approval under section 233 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with Deputy President G R Gair presiding. The application was made against the relevant employees, who were represented by their union, the Construction, Forestry, Maritime, Mining and Energy Union.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was in the public interest and if it provided for the terms and conditions of employment in a manner that was fair and efficient. The court also had to consider if the agreement complied with the formal requirements and if it provided for the resolution of disputes. Additionally, the court had to assess if the agreement was made in good faith and without coercion.

After reviewing the application and the relevant evidence, the court found that the agreement met all the statutory requirements for approval. The Deputy President concluded that the agreement was in the public interest and provided for the terms and conditions of employment in a fair and efficient manner. The court also determined that the agreement complied with the formal requirements and provided for the resolution of disputes. Furthermore, the Deputy President was satisfied that the agreement was made in good faith and without coercion. Consequently, the court approved the Advance Formwork Pty Ltd Employee Enterprise Agreement 2015.

Advance Formwork 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