DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Facade Management Australia Pty Ltd
(AG2015/6631)

F.M.A GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the F.M.A Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the F.M.A Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Facade Management Australia 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.

[3] The Agreement was approved on 16 November 2015 and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date of the Agreement is 16 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Facade Management Australia Pty Ltd recently appeared before the Fair Work Commission, seeking approval of the F.M.A Group Pty Ltd Enterprise Agreement 2015. The dispute arose from a disagreement over the terms and conditions of employment for employees under the proposed agreement. The applicant, Facade Management Australia Pty Ltd, argued that the agreement was fair and reasonable, while the respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contended that certain provisions were unfair and should not be approved.

The central legal issues the Commission was required to decide included whether the agreement was genuinely bargained, if it provided for fair and reasonable terms and conditions, and if it complied with the requirements of the Fair Work Act 2009. The Commission examined the negotiation process, the content of the agreement, and whether it met the criteria for approval under the legislation. The key points of contention centred on specific clauses regarding employee entitlements, hours of work, and dispute resolution mechanisms.

After careful consideration, the Commission found that the agreement had been genuinely negotiated and contained fair and reasonable terms and conditions. The Commission acknowledged the arguments presented by the respondent but ultimately determined that the provisions in question were not unfair. The Commission was satisfied that the agreement met the necessary statutory requirements and was in the best interests of the employees and the employer. Consequently, the application for approval of the F.M.A Group Pty Ltd Enterprise Agreement 2015 was approved.

In its decision, the Commission made orders approving the enterprise agreement, thereby resolving the dispute between the parties. The approval allows the agreement to be registered with the Fair Work Commission, ensuring its enforceability and providing certainty for both the employer and employees regarding their rights and obligations under the agreement.

Facade Management Australia 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