Finestone Investments Pty Ltd T/A Ace Plus Summary

[2023] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Finestone Investments Pty Ltd T/A Ace Plus

(AG2022/5156)

ACE plus projects enterprise Agreement 2022

Plumbing industry
COMMISSIONER SPENCER	BRISBANE, 23 FEBRUARY 2023

Application for approval of the Ace Plus Projects Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ace Plus Projects Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Finestone Investments Pty Ltd T/A Ace Plus (the Applicant). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2023. The nominal expiry date of the Agreement is 23 February 2027.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Finestone Investments Pty Ltd trading as Ace Plus, sought approval from the Fair Work Commission of the Ace Plus Projects Enterprise Agreement 2022. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The disagreement centred around whether the agreement, which was intended to cover the applicants’ employees, was genuinely a product of genuine agreement or if it contained terms that were coercive or procedurally unfair.

The court needed to determine if the agreement was fairly negotiated and whether it adhered to the requirements set out in the Fair Work Act 2009. This included assessing if there was genuine agreement, the process of negotiation, and if the terms were fair and reasonable. The court examined if the applicants provided the union with sufficient information and if the union was given adequate opportunity to consult with its members.

The Fair Work Commission found that the agreement was genuinely negotiated and approved it. The court considered the applicants had provided the union with adequate information and that the union had ample opportunity to consult with its members. It was also noted that the union had not demonstrated that any of the terms were unfair or coercive. The court emphasised the importance of genuine agreement and fair processes in enterprise agreements. The approval of the agreement was made on the basis that it met the legislative requirements for genuine negotiation and fairness.

The Fair Work Commission approved the Ace Plus Projects Enterprise Agreement 2022. The approval was contingent on compliance with the Fair Work Act 2009 and the terms of the agreement. The court ordered that the agreement be registered and became operative as per its terms. The applicants were required to ensure that the agreement was implemented and that any changes to it followed the same legislative requirements.

Finestone Investments Pty Ltd T/A Ace Plus

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established