DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FFR Group Pty Ltd T/A FFR Group
(AG2015/953)

FFR GROUP PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building services
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2015

Application for approval of the FFR Group Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the FFR Group Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FFR Group Pty Ltd T/A FFR Group. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2015. The nominal expiry date of the Agreement is 19 July 2019.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were FFR Group Pty Ltd, trading as FFR Group, and their employees represented by the Transport Workers Union of Australia. The dispute centred on the application for approval of the FFR Group Pty Ltd Enterprise Agreement 2015-2019. The case was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the enterprise agreement should be approved, considering the fairness test outlined in section 233 of the Fair Work Act 2009. This test requires the Commission to consider if the agreement is in the interests of the employees and if it provides for appropriate mechanisms for dispute resolution. Additionally, the Commission had to determine if the agreement was made without coercion, undue influence or pressure.

The Fair Work Commission deliberated on the submissions provided by both parties and examined the terms of the agreement. It found that the agreement was fair and reasonable, providing adequate protections for the employees and appropriate mechanisms for resolving disputes. The Commission noted that the agreement was negotiated in good faith and did not contain any terms that were contrary to public policy or that could potentially lead to exploitation of the employees. Consequently, the Commission approved the FFR Group Pty Ltd Enterprise Agreement 2015-2019, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission's decision was communicated to both parties, and the approved enterprise agreement became effective from the date of the Commission's approval. The employees of FFR Group Pty Ltd, represented by the Transport Workers Union of Australia, and FFR Group Pty Ltd could now proceed with the terms and conditions outlined in the approved agreement, which would govern their employment relationship until the next scheduled review or termination of the agreement.

FFR Group Pty Ltd T/A FFR Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established