DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FMS Resources Pty Ltd
(AG2018/1957)

FMS EMPLOYEE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the FMS Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FMS Employee Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FMS Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 16 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of FMS Resources Pty Ltd, the Fair Work Commission considered an application for the approval of an enterprise agreement. The applicant, FMS Resources, sought the approval of the FMS Employee Agreement 2018, which was intended to cover its employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009. The Commission had to determine whether the agreement was in the public interest, provided for appropriate processes and mechanisms for resolving disputes, and adhered to the relevant provisions of the Act.

The primary legal issues before the Commission involved the procedural fairness of the agreement, its compliance with the Act, and whether it was in the public interest. The Commission examined the negotiation process to ensure it was fair and that the agreement reflected genuine bargaining between the parties. Additionally, the Commission assessed the agreement's provisions concerning pay rates, conditions of employment, and dispute resolution mechanisms. The public interest consideration included evaluating whether the agreement would promote productivity, economic efficiency, and industrial peace.

The Commission found that the negotiation process was generally fair, with evidence of genuine bargaining efforts by both parties. The agreement was deemed to comply with the statutory requirements, including the appropriate pay rates and conditions of employment. The dispute resolution mechanisms were also considered adequate to address any future workplace issues. In assessing the public interest, the Commission noted that the agreement would likely promote economic efficiency and industrial harmony. Consequently, the Commission approved the FMS Employee Agreement 2018, determining that it met all necessary legal criteria and was in the public interest.

FMS Resources 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