DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Coast Formwork Pty Ltd
(AG2019/266)

ALL COAST FORMWORK PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MAY 2019

Application for approval of the All Coast Formwork Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the All Coast Formwork Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Coast Formwork Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 7 May 2019 and, in accordance with s.54, will operate from 14 May 2019. The nominal expiry date of the Agreement is 7 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Coast Formwork Pty Ltd, an employer, applied to the Fair Work Commission for approval of the All Coast Formwork Pty Ltd Enterprise Agreement 2019, which was intended to cover its employees. The Commission, comprised of a delegate of the President, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the minimum entitlements that must be provided to employees. This included verifying whether the agreement provided for the national minimum wage and other minimum conditions such as maximum weekly hours, leave entitlements, and the protection of employees from unfair dismissal.

The Commission found that the agreement met all statutory requirements. It provided for the national minimum wage, included provisions for overtime, penalty rates, and annual leave, and contained clauses that adhered to the minimum entitlements outlined in the Fair Work Act. The agreement was also found to be fair and reasonable, taking into account the bargaining positions of the parties, the nature of the enterprise, and the need to promote high-quality enterprise bargaining. Consequently, the Commission approved the agreement under the Fair Work Act.

The final order of the Commission was the approval of the All Coast Formwork Pty Ltd Enterprise Agreement 2019, which was to be registered and enforceable as a registered agreement under the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements do not undermine the minimum standards set by the Act and that they reflect a fair and equitable outcome for both employers and employees.

All Coast 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