FMC Corporation Pty Ltd

[2014] FWCA 8061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FMC Corporation Pty Ltd
(AG2014/9732)

FMC ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 12 NOVEMBER 2014

Application for approval of the FMC Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FMC Enterprise 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 FMC Corporation 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] 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] The Agreement was approved on 12 November 2014 and, in accordance with s.54, will operate from 19 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved FMC Corporation Pty Ltd, who sought approval of the FMC Enterprise Agreement 2014. The application was before the Fair Work Commission. The dispute centred on whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was in the public interest, provided for minimum wages and conditions, and complied with other relevant statutory provisions.

The court was required to determine whether the provisions of the agreement were fair and reasonable, and if they complied with the legislative criteria. This included assessing if the agreement provided for appropriate minimum wages and conditions, and whether it was in the public interest. Additionally, the court examined if the agreement was consistent with the relevant provisions of the Fair Work Act, particularly in relation to the process for making the agreement.

In reaching its decision, the Fair Work Commission found that the agreement met all the statutory requirements. The agreement provided for fair and reasonable minimum wages and conditions, and it was concluded that it was in the public interest. The Commission also found that the process for making the agreement was in accordance with the Fair Work Act. Therefore, the application for approval of the FMC Enterprise Agreement 2014 was granted.

The final orders of the Commission included the approval of the FMC Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees and employers. The decision affirmed the validity of the agreement and its compliance with the statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established