DECISION

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

Advanced Foundation Solutions (Aust) Pty Ltd
(AG2015/642)

ADVANCED FOUNDATION SOLUTIONS (AUST) PTY LTD & EMPLOYEES ENTERPRISE AGREEMENT (QLD) 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 (QLD) 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 (QLD) 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

Advanced Foundation Solutions (Aust) Pty Ltd applied for approval of the Advanced Foundation Solutions (Aust) Pty Ltd & Employees Enterprise Agreement (QLD) 2015-2019, which was filed with the Fair Work Commission. The applicant, a company specialising in foundation construction, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the criteria for approval as set out in the Act. The Fair Work Commission was the court tasked with deciding the matter.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by the Act, and whether it was consistent with the broader principles of the Fair Work Act. The Commission also had to consider if the agreement had been made without the influence of any improper conduct. Furthermore, it was necessary to ensure that the agreement was not detrimental to the employees involved and complied with the relevant statutory provisions.

The Commission examined the application thoroughly, taking into account the submissions and evidence presented by both parties. It found that the agreement had been made in good faith and did not include any terms that were contrary to the principles of the Act. The agreement contained all the minimum terms and conditions required, and it was not inconsistent with the broader objectives of the Fair Work Act. The Commission was satisfied that the agreement had not been influenced by any improper conduct and that it did not place the employees at a disadvantage. Consequently, the Commission approved the Advanced Foundation Solutions (Aust) Pty Ltd & Employees Enterprise Agreement (QLD) 2015-2019, deeming it to be consistent with the requirements of the Act.

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