DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Forecon Constructions Pty Ltd
(AG2015/1041)

FORECON CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 JUNE 2015

Application for approval of the Forecon Constructions Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Forecon Constructions Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Forecon Constructions Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 4 June 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 June 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Forecon Constructions Pty Ltd, an applicant, sought approval for the Forecon Constructions Pty Ltd Enterprise Agreement 2015 - 2019. The application was brought before the Fair Work Commission, which was tasked with deciding whether the agreement met the statutory requirements under the Fair Work Act 2009. The nature of the dispute was primarily centred on the procedural fairness and compliance of the agreement with the relevant industrial laws.

The central legal issue before the Commission was whether the enterprise agreement was genuinely negotiated and if it complied with the procedural and substantive fairness standards set out in the Fair Work Act. The Commission needed to determine whether the agreement had been fairly negotiated and if it included all the necessary minimum terms and conditions mandated by law. Additionally, the Commission considered whether the agreement adhered to the principles of procedural fairness, particularly focusing on the process of employee representation and consultation.

In rendering its decision, the Fair Work Commission meticulously examined the evidence and submissions provided by both parties. It assessed whether the process of negotiation was transparent and whether all employees had an opportunity to be represented in the discussions. The Commission also evaluated if the agreement contained all the minimum terms and conditions required by the Fair Work Act. Ultimately, the Commission concluded that the enterprise agreement was genuinely negotiated and complied with the necessary legal standards. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission ordered that the Forecon Constructions Pty Ltd Enterprise Agreement 2015 - 2019 be approved and registered under the Fair Work Act. This decision ensured that the agreement would be binding on the parties involved and would govern their employment relationship for the specified period.

Forecon Constructions 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