DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fern Form Construction Nsw Pty Ltd
(AG2020/3688)

FERN FORM CONSTRUCTION NSW PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 JANUARY 2021

Application for approval of the Fern Form Construction NSW Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Fern Form Construction NSW Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fern Form Construction NSW 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 last date that a notice of employee representational rights was given to an employee who will be covered by the agreement was 3 November 2020 and voting occurred on 19 November 2020. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.181(2) of the Act. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2021. The nominal expiry date of the Agreement is 10 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Fern Form Construction NSW Pty Ltd and was heard in the Fair Work Commission. The dispute centred around the application for approval of the Fern Form Construction NSW Pty Ltd Enterprise Agreement 2020-2024. The application was brought forward by the employer, who sought the Commission's approval for the proposed agreement that would govern the employment terms and conditions of its employees for the specified period. The Commission was tasked with determining whether the agreement met the necessary legal requirements and was in the best interests of the employees involved.

The primary legal issues the Commission needed to address were whether the agreement complied with the Fair Work Act 2009 and the relevant regulations, and if it was made in good faith. The Commission had to examine the process through which the agreement was formed, including whether it was negotiated fairly and whether the employees had an opportunity to be genuinely involved in the negotiation process. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other benefits.

The Commission carefully reviewed the evidence presented by both parties and assessed the agreement against the legal framework. The Commission found that the agreement had been negotiated in good faith and that the employees had been genuinely involved in the negotiation process. The terms and conditions outlined in the agreement were deemed fair and reasonable, meeting the requirements of the Fair Work Act 2009. Consequently, the Commission approved the application and certified the Fern Form Construction NSW Pty Ltd Enterprise Agreement 2020-2024 as meeting the necessary legal standards. The decision was made in the interest of ensuring fair and equitable employment terms for the employees of Fern Form Construction NSW Pty Ltd.

Fern Form Construction Nsw 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