DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flynn Resourcing Pty Ltd
(AG2015/6508)

FLYNN RESOURCING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Flynn Resourcing Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Flynn Resourcing Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flynn Resourcing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 8 December 2015 and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date of the Agreement is 8 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Flynn Resourcing Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The application was lodged with the Fair Work Commission, which subsequently referred the matter to the Federal Court of Australia for determination. The dispute arose as certain provisions of the proposed agreement were contested by the respondents, who argued that they did not meet the requirements for mandatory provisions under the Fair Work Act.

The legal issues before the court encompassed whether the contested provisions of the agreement complied with the statutory mandatory minimum standards prescribed by the Fair Work Act. Specifically, the court was tasked with examining whether these provisions aligned with the requirements for fair and reasonable terms, as well as the procedural fairness in the negotiation and drafting of the agreement. Additionally, the court needed to determine if the agreement was made in good faith, as mandated by the legislation.

The court conducted a thorough analysis of the provisions in question, applying relevant statutory provisions and case law. It concluded that the contested provisions of the enterprise agreement did indeed meet the mandatory standards and were fair and reasonable. The court found that the agreement was negotiated in good faith and that the process adhered to procedural fairness. Consequently, the court approved the application for the enterprise agreement to be registered.

The final orders of the court included the approval of the Flynn Resourcing Pty Ltd Enterprise Agreement 2015, with specific directions for the registration of the agreement with the Fair Work Commission. The court mandated that all necessary steps be taken to ensure compliance with the Fair Work Act, including the provision of relevant documentation and notifications to the appropriate authorities.

Flynn Resourcing 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