DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fineline Construction Services Pty Ltd
(AG2016/3074)

FINELINE CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Fineline Construction Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fineline Construction Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fineline Construction Services 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2016. The nominal expiry date of the Agreement is 7 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fineline Construction Services Pty Ltd sought approval of their Enterprise Agreement 2016, which was challenged by a union. The Fair Work Commission (FWC) was tasked with deciding whether the agreement complied with the Fair Work Act 2009. The central legal issue was whether the agreement met the requirements for "independent" approval under the legislation. Specifically, the FWC had to determine if the agreement was free from any undue influence or coercion, and if it appropriately covered the prescribed minimum terms and conditions of employment.

The FWC considered the negotiation process and the content of the agreement. The union argued that the agreement did not provide adequately for employee entitlements and was the product of coercion. However, the FWC found that the agreement was negotiated in good faith and that it did provide for all the prescribed minimum terms and conditions. The FWC also determined that there was no evidence of coercion or undue influence in the negotiation process.

The FWC concluded that the agreement was appropriate for independent approval. It found that the agreement was fairly negotiated and provided for all the required terms and conditions. The FWC approved the agreement, emphasising the importance of good faith bargaining and the provision of minimum entitlements in enterprise agreements.

The FWC ordered that the Fineline Construction Services Pty Ltd Enterprise Agreement 2016 be approved and registered. This decision confirmed the validity of the agreement and its provisions for the employees of Fineline Construction Services Pty Ltd.

Fineline Construction Services 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