Form Insitu Pty Ltd

[2014] FWCA 2389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Form Insitu Pty Ltd
(AG2014/680)

FORM INSITU PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 MAY 2014

Application for approval of the Form Insitu Pty Ltd Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Form Insitu Pty Ltd Employee Enterprise Agreement 2014 (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 three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Form Insitu Pty Ltd applied for approval of the Form Insitu Pty Ltd Employee Enterprise Agreement 2014. The application was made by Form Insitu Pty Ltd, and the respondents included various employee representatives. The nature of the dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved verifying that the agreement met the necessary criteria for approval, including ensuring that it provided for fair and reasonable terms and conditions for employees, and that it had been made in accordance with the relevant legislative provisions. The Commission had to assess whether the agreement provided for a safety net of minimum terms and conditions, and whether it contained provisions that were unfair or did not comply with the law.

After considering the submissions and evidence presented by both parties, the Commission found that the proposed agreement met the necessary criteria for approval. The terms of the agreement were deemed to be fair and reasonable, and it provided for a safety net of minimum terms and conditions for employees. The Commission concluded that the agreement complied with the requirements of the Fair Work Act 2009, and it approved the Form Insitu Pty Ltd Employee Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established