FCK Consulting Pty Ltd

[2013] FWCA 2242

FAIR WORK COMMISSION

DECISION

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

FCK Consulting Pty Ltd
(AG2013/697)

FCK CONSULTING PTY LTD ENTERPRISE AGREEMENT EXPIRING 31 MARCH 2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 APRIL 2013

Application for approval of the FCK Consulting Pty Ltd Enterprise Agreement expiring 31 March 2017 .

[1] An application has been made for approval of an enterprise agreement known as the FCK Consulting Pty Ltd Enterprise Agreement expiring 31 March 2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by FCK Consulting Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

The case involves an application for the approval of an enterprise agreement between FCK Consulting Pty Ltd and its employees, expiring on 31 March 2017. The matter was heard in the Fair Work Commission. The applicants sought the Commission's approval of the agreement, which had been negotiated and agreed upon by the parties. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically whether it facilitated the improvement of workplace relations and if it was free from any contravention of the Act.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The applicants argued that the agreement had been fairly negotiated and reflected the needs of both parties. They contended that the agreement contained all the necessary terms and conditions, including provisions for pay, hours of work, leave, and other employment-related matters. The Commission had to assess if the agreement was genuine and whether it facilitated improved workplace relations. Additionally, the Commission needed to determine if the agreement was free from any contravention of the Act, such as unfair dismissal provisions or terms that were overly restrictive or detrimental to employees.

The Commission found that the agreement had been negotiated in good faith and contained all the necessary provisions for a comprehensive and fair workplace agreement. It was determined that the agreement facilitated improved workplace relations by providing clear and mutually agreed terms for employment. The Commission also confirmed that the agreement did not contravene any provisions of the Fair Work Act, including those relating to unfair dismissal and other employment protections. Therefore, the application for approval of the agreement was successful. The agreement was approved and will remain in effect until its expiration date of 31 March 2017, subject to any further negotiations or amendments as required by the parties.

The final orders of the Commission were that the FCK Consulting Pty Ltd Enterprise Agreement expiring on 31 March 2017 was approved as a registered agreement under the Fair Work Act 2009. The agreement was to remain in effect until the specified expiration date, unless otherwise varied or terminated by the parties in accordance with the Act. The Commission also noted that any future disputes or variations to the agreement would need to be dealt with in accordance with the Fair Work Act and any applicable industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established