Formaction Concrete Civils Pty Ltd Summary

[2013] FWCA 6761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Formaction Concrete Civils Pty Ltd
(AG2013/8779)

FORMACTION CONCRETE CIVILS PTY LTD GREATER NAMMULDI PROJECT AMWU 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 AMWU 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 AMWU 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

The case involves an application for the approval of a Greenfields Agreement between Formaction Concrete Civils Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The AMWU sought approval for the agreement, which aimed to regulate the employment terms and conditions for workers involved in the Greater Nammuldi Project.

The central legal issue before the FWC was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC needed to determine if the agreement provided for a fair and efficient workplace, if it allowed for proper dispute resolution mechanisms, and if it adhered to the principles of good faith bargaining. The FWC also had to consider whether the agreement appropriately balanced the interests of both employers and employees.

In evaluating the agreement, the FWC examined various aspects of the proposed terms and conditions, including wages, working hours, and the roles of different employee categories. The FWC considered the economic context of the construction industry, the specific nature of the Greater Nammuldi Project, and the bargaining positions of the parties. The FWC found that the agreement provided a fair and efficient framework for the project and included adequate provisions for dispute resolution. It concluded that the agreement was made in good faith and appropriately balanced the interests of both parties.

The FWC approved the FormAction Concrete Civils Pty Ltd Greater Nammuldi Project AMWU Greenfields Agreement 2013, determining that it met the necessary statutory requirements. The approval ensures that the agreement will govern the employment terms and conditions for workers on the project, providing a stable and fair working environment.

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