DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

First Services Vic Pty Ltd
(AG2019/2170)

FIRST SERVICES VIC AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2019

Application for approval of the First Services Vic Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the First Services Vic Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by First Services Vic Pty Ltd (Employer).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement, as required by s.187(5)(b) of the Act.

[4] The Agreement lodged contained a cross referencing error at clause 17.5. On 22 July 2019, the AWU filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of First Services Vic Pty Ltd concerned an application for the approval of an enterprise agreement, the First Services Vic Agreement 2019. The application was brought by First Services Vic Pty Ltd, the employer, seeking endorsement of the agreement from the Fair Work Commission. The dispute centred on whether the agreement complied with the necessary statutory requirements and whether the bargaining process was conducted fairly.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009. The court had to determine whether the agreement met the criteria for approval, including whether it provided for fair and efficient bargaining, the avoidance of detriment to employees, and whether it adhered to the procedural requirements set forth by the legislation. The court also had to assess whether the employer had provided sufficient evidence to support the claim that the agreement was made in good faith and without coercion.

The court's reasoning focused on a thorough examination of the evidence presented regarding the bargaining process and the contents of the agreement. It found that the employer had adequately demonstrated that the agreement was made without coercion and that the process was conducted in good faith. The court also concluded that the agreement did not result in any detriment to the employees and complied with the statutory requirements. The evidence showed that the agreement contained provisions for fair and efficient bargaining, thereby satisfying the legal standards.

The final orders of the court were to approve the First Services Vic Agreement 2019, confirming its compliance with the relevant legislative provisions and the fairness of the bargaining process. The court determined that the employer had met its burden of proof, and the agreement was fit for endorsement under the Fair Work Act 2009.

First Services Vic 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