DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austraform Pty Ltd
(AG2017/3430)

AUSTRAFORM PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 NOVEMBER 2017

Application for approval of the Austraform Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Austraform Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austraform 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 28 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austraform Pty Ltd applied for approval of the Austraform Pty Ltd Enterprise Agreement 2017. The applicant is a company in the formwork industry, while the respondents are trade unions representing the employees. The Fair Work Commission (FWC) was required to determine whether the agreement was suitable for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement contained appropriate provisions regarding employee entitlements and protections, specifically in relation to wages, leave, and other working conditions.

The legal issues that the FWC had to resolve included whether the agreement complied with the statutory minimum standards set out in the Fair Work Act and whether it was fair and reasonable in all its terms. The FWC had to assess the agreement's provisions against the relevant legislative framework and ensure that it did not undermine the protections afforded to employees under the Act. Additionally, the FWC needed to consider the bargaining power of the parties and whether the agreement reflected a fair and reasonable outcome for both the employer and the employees.

The FWC found that the agreement was fair and reasonable, and that it did not contravene the statutory minimum standards. The FWC noted that the agreement provided for appropriate wage rates and conditions, as well as adequate leave provisions for the employees. The FWC also considered the bargaining power of the parties and concluded that the agreement reflected a fair outcome for both the employer and the employees. The FWC approved the Austraform Pty Ltd Enterprise Agreement 2017, subject to certain minor amendments to ensure compliance with the Fair Work Act.

Austraform 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