DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Formaction Concrete Civils Pty Ltd
(AG2015/717)

FORMACTION CONCRETE CIVILS PTY LTD DISTANT WORKER AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2015

Application for approval of the Formaction Concrete Civils Pty Ltd Distant Worker Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Formaction Concrete Civils Pty Ltd Distant Worker Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Formaction Concrete Civils Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 7 April 2015 and, in accordance with s.54, will operate from 14 April 2015. The nominal expiry date of the Agreement is 7 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for approval of the Formaction Concrete Civils Pty Ltd Distant Worker Agreement 2015. The applicant, Formaction Concrete Civils Pty Ltd, sought to have the agreement, which was made under section 186 of the Fair Work Act 2009, registered as a registered agreement. The dispute arose from the terms of the agreement, which covered employees who work at a distance from their employer, and the parties' contentions about the fairness and appropriateness of certain provisions within the agreement.

The legal issues that the Commission was required to decide centred on the fairness and appropriateness of the terms of the agreement. Specifically, the Commission needed to determine whether the agreement met the criteria for registration as set out in section 233 of the Fair Work Act. This included assessing whether the agreement dealt with the employees' terms and conditions of employment in a manner that was fair and appropriate, and whether the agreement was made in good faith.

The Commission found that the agreement was fair and appropriate for registration. In reaching this conclusion, the Commission considered the nature of the work being performed by the employees, the need for flexibility in the terms of employment to accommodate the unique circumstances of distant work, and the evidence presented by both parties. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees and that it was made in good faith. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Formaction Concrete Civils Pty Ltd Distant Worker Agreement 2015 for registration as a registered agreement, effective from the date of the decision. This decision provides clarity for both the employer and employees regarding the terms and conditions of employment for distant workers and ensures that the agreement complies with the requirements of the Fair Work Act.

Formaction Concrete Civils 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