DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fal-Con Construction Services Pty Ltd
(AG2018/2666)

FAL-CON CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Fal-Con Construction Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fal-Con Construction Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fal-Con Construction Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 12 September 2018. The nominal expiry date of the Agreement is 4 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Fal-Con Construction Services Pty Ltd for approval of the Fal-Con Construction Services Pty Ltd Enterprise Agreement 2018. The dispute arose between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The applicants sought to have the enterprise agreement registered under the Fair Work Act 2009 to ensure its enforceability and to provide a framework for resolving any future disputes between the parties.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act, specifically if it contained the necessary 'good faith' bargaining provisions and provided for the 'single, integrated national workplace relations system'. Additionally, the Commission had to consider if the agreement fairly represented the interests of the employees and if it contained provisions that complied with the 'better-off-overall test'. This test ensures that employees are no worse off financially and enjoy better conditions than those provided by the relevant industrial instrument.

The Commission found that the Fal-Con Construction Services Pty Ltd Enterprise Agreement 2018 did meet the requirements of the Fair Work Act. It contained the necessary good faith bargaining provisions and adhered to the provisions of the single, integrated national workplace relations system. The agreement was deemed to fairly represent the interests of the employees, and the Commission was satisfied that the employees would be better off overall as a result of the agreement. The Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The Commission's approval of the Fal-Con Construction Services Pty Ltd Enterprise Agreement 2018 ensures that it will now be legally binding on both the company and its employees. This outcome provides a stable and predictable framework for the resolution of any future disputes between the parties and ensures that the employees are afforded fair and reasonable conditions of employment.

Fal-Con Construction Services 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