DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Form Insitu Pty Ltd
(AG2019/671)

FORM INSITU PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2019

Application for approval of the Form Insitu Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Form Insitu Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Form Insitu 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2019. The nominal expiry date of the Agreement is 2 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Form Insitu Pty Ltd, the applicant, sought approval of the Form Insitu Pty Ltd Enterprise Agreement 2019 from the Fair Work Commission. The respondents, represented by the Building Construction, Forestry, Maritime, Mining and Energy Union, contested the application on various grounds. The primary dispute centred around the terms and conditions of the proposed agreement, with the respondents arguing that certain provisions were unfair and did not comply with relevant labour laws. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections relating to the registration of enterprise agreements and the criteria for assessing fairness. Key among these was the requirement that the agreement must provide for terms and conditions that are not less favourable than the applicable awards or registered agreements, and that it must be free from provisions that are considered harsh, unjust, or unreasonable. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it provided for a streamlined process for resolving workplace disputes.

In its decision, the Fair Work Commission examined the terms of the agreement and the submissions made by both parties. The Commission found that the agreement largely complied with the statutory requirements and was not less favourable than the applicable awards or registered agreements. While acknowledging some concerns raised by the respondents, the Commission concluded that the provisions in question were not harsh, unjust, or unreasonable. The Commission also found that the agreement had been genuinely negotiated and provided for an effective dispute resolution process. Based on these findings, the Commission approved the Form Insitu Pty Ltd Enterprise Agreement 2019.

The Fair Work Commission ordered that the Form Insitu Pty Ltd Enterprise Agreement 2019 be registered, effective from the date of the decision. The agreement was to apply to employees covered by the relevant awards and registered agreements, and it was to remain in force until the earlier of its expiry or the making of a new enterprise agreement. This decision provided clarity on the terms and conditions of employment for the parties involved and resolved the dispute over the fairness and legality of the proposed agreement.

Form Insitu 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