Forge Group Construction Pty Ltd

[2013] FWCA 9387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forge Group Construction Pty Ltd
(AG2013/9741)

FORGE GROUP CONSTRUCTION PTY LTD TAN BURRUP ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 NOVEMBER 2013

Application for approval of the Forge Group Construction Pty Ltd TAN Burrup Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Forge Group Construction Pty Ltd TAN Burrup Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Forge Group Construction Pty Ltd (the applicant) sought approval of the Forge Group Construction Pty Ltd TAN Burrup Enterprise Agreement 2013. The applicant argued that the agreement was a fair and reasonable one, and that it should be approved by the Fair Work Commission (the Commission). The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009 (Cth) for an enterprise agreement to be approved.

The Commission held that the applicant had satisfied the criteria for approval of the agreement. The Commission found that the agreement was a genuine agreement, that it had been made in good faith, and that it contained terms and conditions that were fair and reasonable. The Commission also found that the agreement did not contain any terms that were contrary to public policy, and that it did not have any significant adverse effects on the operations of the applicant’s business.

As a result of the Commission’s findings, the applicant’s application for approval of the Forge Group Construction Pty Ltd TAN Burrup Enterprise Agreement 2013 was successful. The Commission approved the agreement, and it became a registered enterprise agreement on 1 April 2014. The applicant was permitted to implement the agreement and its terms and conditions became binding on the employees covered by the agreement.

The Commission made an order approving the Forge Group Construction Pty Ltd TAN Burrup Enterprise Agreement 2013. The order was made on 18 March 2014 and became effective on 1 April 2014. The applicant was permitted to implement the agreement, and its terms and conditions became binding on the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established