DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FNG Group Pty Ltd
(AG2018/7060)

FNG GROUP PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2019

Application for approval of the FNG Group Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FNG Group Pty Ltd Enterprise 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 FNG Group 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 20 May 2019. The nominal expiry date of the Agreement is 13 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of FNG Group Pty Ltd involved the company, as the applicant, seeking approval of the Enterprise Agreement 2018. The application was made to the Fair Work Commission, the tribunal responsible for overseeing and approving enterprise agreements under Australian labour law. The dispute centred around whether the agreement complied with the statutory requirements and if it met the procedural fairness standards expected by the Commission.

The primary legal issues addressed by the Commission were whether the agreement was genuinely negotiated, if it contained the necessary minimum terms as stipulated by the Fair Work Act 2009, and if the proper consultation and disclosure processes were followed during its negotiation. Additionally, the Commission considered whether the agreement adequately protected the interests of the employees and ensured that it did not undermine any existing industrial awards.

The Fair Work Commission examined the evidence presented by the parties, including the negotiation process, the content of the agreement, and the compliance with procedural requirements. The Commission determined that the agreement was genuinely negotiated and contained all the necessary minimum terms. Furthermore, the Commission found that the proper processes were followed, and the agreement did not unfairly disadvantage the employees. Consequently, the Commission approved the Enterprise Agreement 2018, affirming that it met all the legal requirements and was in the best interest of both the employer and the employees.

FNG Group 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