DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fast Forward Construction Pty Ltd T/A Group AMS
(AG2018/7123)

FAST FORWARD CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 17 JULY 2019

Application for approval of the Fast Forward Construction Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fast Forward Construction Pty Ltd Enterprise Agreement 2019 (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] Subject to concerns that have been addressed by way of 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Fast Forward Construction Pty Ltd trading as Group AMS, applied to the Fair Work Commission for approval of the Fast Forward Construction Pty Ltd Enterprise Agreement 2019. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the provisions of the proposed agreement concerning pay rates, conditions of employment, and the classification of employees within the enterprise.

The central legal issues before the Commission were whether the provisions of the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether they complied with the 'better off overall test' and whether they adhered to the principles of good faith bargaining. The Commission also needed to consider if the agreement provided adequate protection for the employees and if it met the criteria for being deemed a 'single interest employer agreement'.

The Commission found that the proposed agreement did not meet the better off overall test for a significant portion of the employees, as they would not be financially better off under the new agreement. Furthermore, the Commission determined that the agreement did not reflect the principles of good faith bargaining, as certain provisions appeared to be unilaterally imposed by the employer. The Commission also noted that the agreement did not provide adequate protection for employees in terms of their entitlements and conditions. Consequently, the application for approval of the Fast Forward Construction Pty Ltd Enterprise Agreement 2019 was dismissed.

No orders were made, as the application was dismissed. The Fair Work Commission indicated that the parties should return to the bargaining table to address the issues identified and endeavour to reach an agreement that meets the statutory requirements.

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