FormAction Concrete Civils Pty Ltd Summary

[2013] FWCA 6502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FormAction Concrete Civils Pty Ltd
(AG2013/2538)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 SEPTEMBER 2013

Application for approval of the FormAction Concrete Civils Pty Ltd Greater Nammuldi Project AWU 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 AWU 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 Fair Work Commission for approval of the FormAction Concrete Civils Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2013. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The application was opposed by the Australian Workers' Union (AWU).

The primary legal issue was whether the agreement was in the best interests of the employees covered by it. The AWU argued that the agreement was not in the best interests of the employees, citing issues with the proposed classification of employees and the terms relating to pay and conditions. The applicant argued that the agreement was in the best interests of the employees as it provided for improved terms and conditions of employment and better job security.

The Commission considered the evidence and submissions from both parties. The Commission found that the agreement was in the best interests of the employees as it provided for improved terms and conditions of employment, including higher wages and better working conditions. The Commission also noted that the agreement provided for better job security and the opportunity for employees to be involved in decision-making processes. The Commission approved the agreement under section 233 of the Fair Work Act 2009.

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