Flex Force Group Pty Ltd Summary

[2014] FWCA 7288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flex Force Group Pty Ltd
(AG2014/7787)

FLEX FORCE GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2014

Application for approval of the Flex force Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Flex force Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flex Force Group Pty Ltd. The agreement is a greenfields agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 15 October 2014 and, in accordance with s.54, will operate from 22 October 2014. The nominal expiry date of the Agreement is 15 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Flex Force Group Pty Ltd for the approval of the Flex Force Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute arose as the Australian Workers' Union (AWU) questioned the fairness and coverage of the agreement, potentially impacting the rights and conditions of the workers involved.

The central legal issues the Commission addressed were whether the agreement was genuinely a product of bargaining between the parties, if it adequately covered the terms and conditions of employment, and if it provided fair terms and conditions for the employees. The Commission needed to assess if the agreement complied with the procedural and substantive requirements stipulated by the Act.

The Commission carefully examined the evidence presented regarding the negotiation process, the terms of the agreement, and the implications for the workers. It found that the agreement was the result of genuine bargaining and covered the necessary terms and conditions of employment. The Commission also concluded that the agreement provided fair terms and conditions, meeting the standards required by the Act. Therefore, the application for approval was successful.

As a result of the decision, the Flex Force Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014 was approved, and the terms and conditions set out in the agreement became legally binding on the parties involved.

Flex Force Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established