Formcon Concrete Services Pty Ltd

[2013] FWCA 9709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Formcon Concrete Services Pty Ltd
(AG2013/10351)

FORMCON CONCRETE SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 DECEMBER 2013

Application for approval of the Formcon Concrete Services Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 December 2013 by Formcon Concrete Services Pty Ltd for the approval of a single-enterprise agreement known as the Formcon Concrete Services Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Formcon Concrete Services Pty Ltd recently had its Enterprise Agreement 2013 come before the Fair Work Commission. The application for approval of the agreement was contested by the Australian Building and Construction Commission, which argued that the agreement contained terms that did not meet the requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the terms of the Enterprise Agreement complied with the relevant provisions of the Fair Work Act, specifically focusing on whether the agreement met the good faith bargaining requirements and if the terms were procedurally fair. The Commission had to consider whether the agreement had been genuinely negotiated and whether the terms were fair and reasonable.

The Commission found that the Enterprise Agreement had been genuinely negotiated in good faith and that the terms were fair and reasonable. The Commission rejected the arguments presented by the Australian Building and Construction Commission, noting that the agreement contained terms that were consistent with industry standards and practices. The Commission held that the agreement met the requirements of the Fair Work Act, including the good faith bargaining obligations and procedural fairness.

As a result, the application for approval of the Formcon Concrete Services Pty Ltd Enterprise Agreement 2013 was approved by the Fair Work Commission. The agreement is now legally binding between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established