Foraco Australia Pty Ltd T/A Foraco Australia Pty Ltd Summary

[2023] FWCA 1881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Foraco Australia Pty Ltd T/A Foraco Australia Pty Ltd

(AG2023/1772)

FORACO AUSTRALIA ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 27 JUNE 2023

Application for approval of the Faraco Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Faraco Australia Enterprise Agreement 2023 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and in accordance with s.54, will operate from 4 July 2023. The nominal expiry date of the Agreement is 27 June 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Foraco Australia Pty Ltd, trading as Foraco Australia Pty Ltd, applied to the Fair Work Commission for approval of the Foraco Australia Enterprise Agreement 2023. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including minimum entitlements and procedural fairness. The Commission was tasked with ensuring the agreement met statutory requirements and provided a fair and reasonable basis for employment conditions.

The key legal issues before the Commission were whether the agreement complied with the Fair Work Act's minimum entitlements provisions and whether it had been negotiated in good faith. The Commission also needed to determine if the agreement included adequate consultation processes and whether it offered fair and reasonable terms for employees. Specifically, the Commission examined the agreement's provisions on pay rates, leave entitlements, and procedural fairness.

In reaching its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement met the statutory minimum entitlements and had been negotiated in good faith. It was satisfied that the agreement included adequate consultation processes and provided fair and reasonable terms for employees. Consequently, the Commission approved the Foraco Australia Enterprise Agreement 2023.

The Commission's approval of the agreement means it is now legally binding on the parties. This decision ensures that employees covered by the agreement are entitled to the terms and conditions specified within it, subject to the ongoing obligations under the Fair Work Act.

Foraco Australia Pty Ltd T/A Foraco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established