Form 700 Pty Ltd

[2014] FWCA 523

FAIR WORK COMMISSION

DECISION

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

Form 700 Pty Ltd
(AG2013/12747)

FORM 700 PTY LTD/CFMEU ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 JANUARY 2014

Application for approval of the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Form 700 Pty Ltd. 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2014. The nominal expiry date of the Agreement is 12 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Form 700 Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The primary issue at hand was the approval of the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2013. The application for approval was brought forth by the employer, seeking the court's endorsement of the agreement, which aimed to establish terms and conditions of employment for the workers. The court was tasked with determining whether the agreement met the necessary legal standards for approval, including compliance with the relevant industrial relations legislation.

The court examined several key legal issues. It needed to ascertain whether the agreement was genuinely an enterprise agreement as defined under the Fair Work Act 2009. Additionally, the court had to verify that the agreement was free from any prohibited content and that the process through which it was formed was lawful and in accordance with the prescribed procedures. Another crucial aspect was whether the agreement provided for fair and reasonable terms and conditions for the employees, including minimum rates of pay, leave entitlements, and other employment benefits.

Upon reviewing the evidence and submissions presented by both parties, the court found that the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2013 met all the necessary legal requirements for approval. The agreement was determined to be genuinely an enterprise agreement, free from prohibited content, and formed through a lawful process. The court also concluded that the agreement provided fair and reasonable terms and conditions for the employees. Therefore, the court approved the agreement, ensuring that it would govern the employment relationship between Form 700 Pty Ltd and its employees as per the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established