Foraco Australia Pty Ltd T/A Foraco Australia

[2014] FWCA 903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foraco Australia Pty Ltd T/A Foraco Australia
(AG2014/20)

FORACO AUSTRALIA ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 6 FEBRUARY 2014

Application for approval of the Foraco Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Foraco Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foraco Australia Pty Ltd T/A Foraco Australia. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2014. The nominal expiry date of the Agreement is 6 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

In the Fair Work Commission, Foraco Australia Pty Ltd, trading as Foraco Australia, applied for the approval of the Foraco Australia Enterprise Agreement 2013. The agreement was between the employer and the National Electrical and Communications Union. The dispute centred on whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the provisions of the Act, including the requirement that it be in writing, provide for minimum terms and conditions, and not be contrary to public policy.

The legal issues before the Commission included whether the agreement appropriately addressed minimum entitlements, such as rates of pay, leave provisions, and conditions of employment. The Commission also needed to consider if the agreement contained any terms that were unfair or unjust, or if it included any content that was outside the scope of the Act. Additionally, the Commission had to ensure that the agreement did not contravene any relevant public policy or statutory provisions.

The Commission reviewed the provisions of the agreement in detail and found that it complied with the statutory requirements. The agreement was comprehensive, providing for the minimum terms and conditions of employment as required by the Act. The Commission noted that the agreement included provisions for wages, leave, and other employment conditions that were consistent with the legislative framework. The Commission was satisfied that the agreement did not contain any unfair or unjust terms and did not contravene any public policy or statutory provisions. Consequently, the Commission approved the Foraco Australia Enterprise Agreement 2013.

The Fair Work Commission approved the Foraco Australia Enterprise Agreement 2013, finding it to be compliant with the Fair Work Act 2009. The agreement was in writing and contained provisions for minimum terms and conditions of employment, including rates of pay and leave entitlements. The Commission determined that the agreement did not contain any unfair or unjust terms and was not contrary to public policy or any statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established