DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Advanced Foundation Solutions (Aust) Pty Ltd
(AG2015/653)

ADVANCED FOUNDATION SOLUTIONS (AUST) PTY LTD & EMPLOYEES ENTERPRISE AGREEMENT (NSW) 2015-2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 APRIL 2015

Application for approval of the Advanced Foundation Solutions (Aust) Pty Ltd & Employees Enterprise Agreement (NSW) 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Foundation Solutions (Aust) Pty Ltd & Employees Enterprise Agreement (NSW) 2015-2019 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Advanced Foundation Solutions (Aust) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 10 April 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Federal Circuit Court involved an application for the approval of the Advanced Foundation Solutions (Aust) Pty Ltd & Employees Enterprise Agreement (NSW) 2015-2019. The application was brought forward by the employer, Advanced Foundation Solutions (Aust) Pty Ltd, seeking the Court's endorsement of the proposed enterprise agreement to ensure its legal enforceability.

The central legal issues before the Court revolved around whether the proposed enterprise agreement complied with the relevant statutory provisions under the Fair Work Act 2009. This included verifying that the agreement had been made in good faith, was free from any coercive or discriminatory practices, and that all requisite procedural requirements had been adhered to, including the proper notification to affected employees and the opportunity for employee representatives to be involved in the negotiation process. Furthermore, the Court needed to ensure that the agreement did not undermine the minimum entitlements provided under the applicable award or the National Employment Standards.

In delivering its decision, the Court meticulously examined the evidence presented by both parties. The Court concluded that the enterprise agreement was made in good faith, without any coercive or discriminatory elements, and that all necessary procedural steps had been appropriately followed. The agreement was found to be consistent with the statutory framework and did not diminish the minimum entitlements of the employees. Consequently, the Court granted the application for approval, certifying the enterprise agreement as meeting all legal requirements under the Fair Work Act 2009.

The Court's orders included the formal approval and certification of the Advanced Foundation Solutions (Aust) Pty Ltd & Employees Enterprise Agreement (NSW) 2015-2019, making it legally binding and enforceable. This decision ensures that the terms and conditions outlined in the agreement can be implemented, providing a clear framework for the employment relationship between the employer and its employees.

Advanced Foundation Solutions (Aust) 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