DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forecon Constructions Pty Limited
(AG2019/4617)

FORECON CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 DECEMBER 2019

Application for approval of the Forecon Constructions Pty Limited Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Forecon Constructions Pty Limited Enterprise Agreement 2019 – 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Forecon Constructions Pty Limited (Employer). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2019. The nominal expiry date of the Agreement is 16 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Forecon Constructions Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The Fair Work Commission is a tribunal with the power to approve enterprise agreements, which are collective agreements between employers and employees. The applicant, Forecon Constructions Pty Limited, is an employer in the construction industry. The applicant sought approval of an enterprise agreement with its employees. The applicant argued that the agreement should be approved because it met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, and that it had been negotiated in good faith. The applicant also argued that the agreement contained provisions that were necessary for the efficient operation of its business.

The legal issues before the Fair Work Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009, and whether it was fair and reasonable. The Fair Work Commission considered whether the agreement had been negotiated in good faith, and whether it contained provisions that were necessary for the efficient operation of the applicant's business. The Fair Work Commission also considered whether the agreement provided for a fair and reasonable rate of pay and conditions of employment for the employees.

The Fair Work Commission found that the enterprise agreement met the requirements of the Fair Work Act 2009. The Commission found that the agreement had been negotiated in good faith, and that it contained provisions that were necessary for the efficient operation of the applicant's business. The Commission also found that the agreement provided for a fair and reasonable rate of pay and conditions of employment for the employees. The Fair Work Commission approved the enterprise agreement.

The Fair Work Commission made an order approving the enterprise agreement between Forecon Constructions Pty Limited and its employees. The order is effective from the date of the decision and will remain in force until the end of the agreement's term, which is 2023. The order is binding on both the applicant and its employees. The order also includes provisions for the review and variation of the agreement, and for the resolution of any disputes that may arise under the agreement.

Forecon Constructions Pty Limited

DECISION

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