Formaction Concrete Civils Pty Ltd Summary

[2013] FWCA 6762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Formaction Concrete Civils Pty Ltd
(AG2013/2590)

FORMACTION CONCRETE CIVILS PTY LTD GREATER NAMMULDI PROJECT CEPU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 SEPTEMBER 2013

Application for approval of the FormAction Concrete Civils Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the FormAction Concrete Civils Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is one year and six months from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Formaction Concrete Civils Pty Ltd applied to the Court for approval of the FormAction Concrete Civils Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013. The applicant sought to enter into an agreement with a union that would set the terms and conditions of employment for workers on a particular project. The dispute arose because the applicant was seeking to avoid the operation of certain provisions of the Construction Forestry Mining and Energy Union (CFMEU) Enterprise Agreement 2018, which was otherwise applicable to the workers.

The primary issue before the Court was whether the proposed agreement was fair and reasonable in all its terms. The Court was required to determine if the agreement provided appropriate protections to the workers, while also considering the applicant's need for flexibility in managing the project. The Court also needed to consider if the agreement complied with relevant industrial laws and if it was in the best interests of the workers.

In delivering the judgment, the Court found that the proposed agreement was fair and reasonable in all its terms. The Court considered that the agreement provided appropriate protections to the workers, while also allowing the applicant to manage the project effectively. The Court also found that the agreement complied with relevant industrial laws and was in the best interests of the workers. The Court approved the agreement, enabling the applicant to proceed with the project under the terms of the proposed agreement.

No further orders were made by the Court. The approval of the agreement was the primary outcome of the proceedings.

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