Fern Form Constructions Pty Ltd

[2018] FWCA 4910

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fern Form Constructions Pty Ltd

(AG2018/2486)

FERn form constructions pty ltd enterprise agreement 2018 – 2021

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 22 August 2018

Application for approval of the Fern Form Constructions Pty Ltd Enterprise Agreement 2018 – 2021.

An application has been made for approval of an enterprise agreement known as the Fern Form Constructions Pty Ltd Enterprise Agreement 2018 – 2021 (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 Constructions Pty Ltd. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 22 August 2018 and, in accordance with s.54, will operate from 29 August 2018. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fern Form Constructions Pty Ltd applied for approval of the Fern Form Constructions Pty Ltd Enterprise Agreement 2018 – 2021 before the Fair Work Commission. The agreement was submitted for consideration under the Fair Work Act 2009. The dispute involved whether the agreement met the necessary conditions for approval as prescribed by the Act.

The legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Act, including whether it was free from prohibited content, had been made without any coercion, and was likely to achieve a better understanding between employers and employees. The Commission also considered whether the agreement contained the minimum terms and conditions of employment as stipulated by the Act.

In its reasoning, the Commission noted that the application was made by an authorised bargaining representative of the employer and that the agreement had been certified as a simple green field agreement by a certified bargaining agent. The Commission examined the contents of the agreement and found that it complied with the requirements of the Act. It was determined that the agreement was free from prohibited content, was made without coercion, and contained the minimum terms and conditions of employment. The Commission was satisfied that the agreement was likely to achieve a better understanding between the employer and employees.

Accordingly, the Fair Work Commission approved the Fern Form Constructions Pty Ltd Enterprise Agreement 2018 – 2021, making it a registered agreement under the Act. The approval took effect from the date of the Commission's decision, and the agreement was to be binding on the employer and the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established