DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FIRM Construction Pty Ltd
(AG2020/2052)

FIRM CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 7 AUGUST 2020

Application for approval of the FIRM Construction Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FIRM Construction Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FIRM Construction 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 14 August 2020. The nominal expiry date of the Agreement is 6 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the FIRM Construction Pty Ltd Enterprise Agreement 2020. The matter was before the Fair Work Commission, which had to determine whether the agreement met the requirements under the Fair Work Act 2009. The dispute centred on the terms of the agreement, which was to govern the employment conditions of workers within the FIRM Construction Pty Ltd.

The primary legal issues that the Commission had to resolve were whether the agreement was appropriately negotiated and if it provided fair and reasonable terms for the employees. This included ensuring that the agreement met the criteria for approval under section 233 of the Fair Work Act, which requires that the agreement provides for fair and reasonable terms and conditions of employment, and that it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement adequately protected the interests of the employees and whether it complied with any relevant modern awards.

In its reasoning, the Fair Work Commission examined the process by which the agreement was negotiated and whether it adhered to the principles of good faith bargaining. The Commission also assessed the substantive terms of the agreement to determine if they were fair and reasonable. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement met the necessary requirements for approval. The Commission found that the agreement was fairly negotiated and that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the FIRM Construction Pty Ltd Enterprise Agreement 2020, determining that it complied with the provisions of the Fair Work Act. The Commission's decision was based on its finding that the agreement was appropriately negotiated and contained terms that were fair and reasonable. The approval of the agreement means that it will now govern the employment conditions of workers within FIRM Construction Pty Ltd, providing a framework for their terms and conditions of employment.

FIRM Construction 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