Formaction Concrete Civils Pty Ltd Summary

[2014] FWCA 151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Formaction Concrete Civils Pty Ltd
(AG2013/10250)

FORMACTION CONCRETE CIVILS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Formaction Concrete Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Formaction Concrete Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Formaction Concrete Civils Pty Ltd, which sought approval of the Formaction Concrete Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was brought before the Fair Work Commission in Australia. The primary dispute centred on the approval of a specific enterprise agreement that was intended to govern the terms and conditions of employment for the employees of Formaction Concrete Civils Pty Ltd working at the Roy Hill project.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, particularly focusing on the provisions related to employee representation, dispute resolution, and procedural fairness. The Commission had to determine if the agreement complied with the Fair Work Act 2009 and whether it adhered to the principles of procedural fairness and natural justice.

In its reasoning, the Commission found that the agreement largely met the statutory requirements. However, it identified certain provisions that did not comply with the Act, particularly regarding the process for resolving disputes. The Commission concluded that the agreement was in the best interests of the employees, taking into account the overall benefits and protections it provided. It was determined that the benefits of the agreement outweighed the non-compliant aspects, and thus, the agreement was approved subject to certain modifications to ensure compliance with the Act. The Commission ordered that the agreement be registered with the modifications in place.

Formaction Concrete Civils Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established