DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Formaction Concrete Civils Pty Ltd
(AG2015/312)

FORMACTION CONCRETE CIVILS PTY LTD DEPOT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 MARCH 2015

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

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

[2] 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] The Agreement was approved on 6 March 2015 and, in accordance with s.54 of the Act, will operate from 13 March 2015. The nominal expiry date of the Agreement is
5 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Formaction Concrete Civils Pty Ltd applied to the Fair Work Commission for approval of the Formaction Concrete Civils Pty Ltd Depot Agreement 2015. The application was made pursuant to section 231 of the Fair Work Act 2009. The respondent, Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds, including that the agreement failed to comply with the Fair Work Act's good faith bargaining requirement and did not provide for appropriate dispute resolution processes. The applicant, Formaction, submitted that the agreement was in compliance with all legislative requirements.

The central legal issue before the Commission was whether the Formaction Concrete Civils Pty Ltd Depot Agreement 2015 met the statutory requirements for an enterprise agreement under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and if it included appropriate dispute resolution mechanisms. The Commission considered the submissions from both parties, examined the agreement's provisions, and assessed whether the agreement met the legislative criteria.

The Commission found that the agreement was made in good faith as it reflected a genuine attempt by the parties to negotiate terms that were fair and reasonable. It also found that the dispute resolution provisions in the agreement were appropriate, as they included a step-by-step process that allowed for the resolution of disputes before escalating to more formal mechanisms. The Commission concluded that the agreement complied with all statutory requirements and approved it.

The Commission ordered that the Formaction Concrete Civils Pty Ltd Depot Agreement 2015 be approved as a registered agreement under section 176 of the Fair Work Act. The approval took effect from the date of the decision, and the agreement was registered with the Commission. This decision provided certainty for the parties involved and established a precedent for similar agreements in the industry.

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