DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Form Reo Pour AUST Pty Ltd
(AG2018/1691)

FORM REO POUR AUST 2018 EBA

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2018

Application for approval of the Form Reo Pour AUST 2018 EBA.

[1] An application has been made for approval of an enterprise agreement known as the Form Reo Pour AUST 2018 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Form Reo Pour AUST 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Form Reo Pour AUST Pty Ltd, the company applied to the Fair Work Commission for the approval of an Enterprise Bargaining Agreement (EBA) under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's workers, seeking to establish a new EBA to replace the existing one. The Fair Work Commission, presided over by Commissioner Scott, was tasked with evaluating the application.

The primary legal issue before the Commission was whether the proposed EBA met the requirements set out in the Fair Work Act for approval. Specifically, the Commission needed to determine if the agreement provided for a "better off overall test," ensuring that employees would not be worse off financially or in terms of other conditions of employment compared to their existing agreement or the applicable minimum standards. Additionally, the Commission examined whether the agreement was appropriately made without any improper influence or coercion and if it complied with procedural requirements such as the disclosure of relevant information and the provision of notice to affected parties.

Commissioner Scott concluded that the proposed EBA satisfied all necessary conditions for approval. The agreement was found to meet the better off overall test and was made without any undue influence. Furthermore, the procedural requirements were met, as evidenced by the proper disclosure of information and the appropriate notification of the agreement to relevant parties. The Commission approved the Form Reo Pour AUST 2018 EBA, finding it to be a fair and reasonable agreement that appropriately addressed the needs of both the employer and the employees.

Form Reo Pour AUST 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