DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fast Forward Construction Pty Ltd T/A Group AMS
(AG2016/1181)

FAST FORWARD CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Fast Forward Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fast Forward Construction Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fast Forward Construction Pty Ltd t/a Group AMS. 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. 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.

[4] 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.

[5] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

Fast Forward Construction Pty Ltd T/A Group AMS was the subject of an application for the approval of the Fast Forward Construction Pty Ltd Enterprise Agreement 2016, which was heard by the Fair Work Commission. The application was brought by the employer, Fast Forward Construction Pty Ltd, under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees covered by the proposed enterprise agreement.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections 230 and 231. These sections require that an enterprise agreement must be in writing, provide for a process for the resolution of disputes between the employer and employees, and not contain terms that would be contrary to public policy or be otherwise unlawful. The Commission had to determine whether the proposed agreement complied with these statutory requirements and if it could be approved as a registered agreement.

The Commission found that the proposed agreement complied with the statutory requirements. It was in writing, included a process for the resolution of disputes, and did not contain any terms that were contrary to public policy or unlawful. The Commission noted that the agreement provided for appropriate safeguards and protections for employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the Fast Forward Construction Pty Ltd Enterprise Agreement 2016 under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Fast Forward Construction Pty Ltd Enterprise Agreement 2016, determining that it met the statutory requirements and could be registered as a valid agreement. The decision ensured that the terms and conditions of employment for the employees covered by the agreement were legally compliant and provided necessary protections.

Fast Forward Construction Pty Ltd T/A Group AMS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established