Form Reo Pour Pty Ltd Summary

[2013] FWCA 6913

FAIR WORK COMMISSION

DECISION

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

Form Reo Pour Pty Ltd
(AG2013/2740)

FORM REO POUR PTY LTD LEGACY WAY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 SEPTEMBER 2013

Application for approval of the Form Reo Pour Pty Ltd Legacy Way Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 September 2013 by Form Reo Pour Pty Ltd for the approval of a Greenfields agreement known as the Form Reo Pour Pty Ltd Legacy Way Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] On 20 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Form Reo Pour Pty Ltd is a party to a legacy enterprise agreement, which was to be approved by the Fair Work Commission. The applicant sought the approval of the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the representative of the employees. The dispute arose from the terms of the agreement and whether they complied with the Fair Work Act 2009. The Fair Work Commission was the court in this matter.

The legal issues before the Commission included whether the agreement met the requirements for being a "single enterprise agreement" and if it contained provisions that were not "directly related to the employees" of the enterprise. Specifically, the Commission had to determine whether certain clauses in the agreement regarding the appointment of workplace health and safety officers were permissible. The applicant argued that these provisions were necessary for the safe operation of the business, while the CFMEU contended that they were not relevant to the employees' terms and conditions of employment.

The Commission found that the agreement was a single enterprise agreement and that the provisions in question were directly related to the employees' terms and conditions of employment. It was determined that the safety provisions were necessary for the proper conduct of the enterprise and were therefore permissible under the Fair Work Act. The Commission concluded that the agreement complied with the necessary legal requirements and approved it accordingly.

The Fair Work Commission approved the Form Reo Pour Pty Ltd Legacy Way Enterprise Agreement 2013, finding that it met all the necessary legal requirements and was directly related to the employees' terms and conditions of employment. The agreement, including the safety provisions, was deemed permissible under the Fair Work Act.

Form Reo Pour Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established