DECISION

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

Currumbin Constructions Formwork Pty Ltd
(AG2014/10938)

CURRUMBIN CONSTRUCTIONS FORMWORK PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JANUARY 2015

Application for approval of the Currumbin Constructions Formwork Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 December 2014 by Currumbin Constructions Formwork Pty Ltd for the approval of a single-enterprise agreement known as the Currumbin Constructions Formwork Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] On 12 January 2015, the Employer provided six undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The flexibility clause in the Agreement does not conform with s.203 of the Act. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. Similarly, the consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Currumbin Constructions Formwork Pty Ltd applied for approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and was required to decide whether the agreement met the requirements for approval under the Act. The primary issue for determination was whether the agreement provided for the proper negotiation of terms and conditions of employment.

The Commission found that the agreement was appropriately negotiated and met the requirements for approval. The Commission noted that the agreement had been negotiated in good faith and that all parties had participated in the negotiation process. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Fair Work Act. The Commission approved the Currumbin Constructions Formwork Pty Ltd Enterprise Agreement 2015, finding that it met the requirements for approval under the Act.

The Commission made an order approving the Currumbin Constructions Formwork Pty Ltd Enterprise Agreement 2015. The order was made on the basis that the agreement met the requirements for approval under the Fair Work Act. The order was effective from the date of the Commission's decision and was to remain in force until such time as it was varied or terminated in accordance with the Act. The order provided that the agreement would be registered with the Fair Work Commission and would be binding on all parties who were covered by the agreement.

Currumbin Constructions Formwork Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established