DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foraco Australia Pty Ltd
(AG2018/2422)

FORACO AUSTRALIA ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Foraco Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Foraco Australia 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 Foraco Australia 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 18 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Foraco Australia Pty Ltd, the applicants, the Fair Work Commission was tasked with considering the approval of the Foraco Australia Enterprise Agreement 2018. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the objectors raised concerns about specific provisions impacting employee entitlements and conditions.

The central legal issues revolved around the fairness and reasonableness of the agreement, particularly in relation to the provisions concerning the employees' remuneration, benefits, and working conditions. The objectors contested that certain clauses did not adequately protect employees' rights and could potentially lead to adverse outcomes. The Commission had to determine whether these clauses were consistent with the overarching principles of fairness and reasonableness as required by the Act.

The Fair Work Commission carefully examined the provisions in question, taking into account the objectors' concerns and the applicants' justifications. The Commission found that while some clauses needed clarification, the overall agreement was fair and reasonable. The provisions were deemed to meet the necessary standards under the Act, balancing the interests of both the employees and the employer. The Commission approved the agreement with minor amendments to address the raised concerns.

The final orders included the approval of the Foraco Australia Enterprise Agreement 2018, subject to the minor amendments made to ensure compliance with the Fair Work Act 2009. These amendments were intended to address the specific concerns raised by the objectors while maintaining the integrity of the agreement. The decision highlighted the importance of balancing the interests of both parties in enterprise agreements and ensuring that the final agreement promotes fairness and reasonableness.

Foraco Australia 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