Formcon Group Pty Ltd T/A Formcon Group Pty Ltd

[2022] FWCA 934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Formcon Group Pty Ltd T/A Formcon Group Pty Ltd

(AG2022/642)

Formcon Group Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 18 MARCH 2022

Application for approval of the Formcon Group Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Formcon Group Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Formcon Group Pty Ltd T/A Formcon Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2022. The nominal expiry date of the Agreement is 18 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Formcon Group Pty Ltd, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The applicant, Formcon Group Pty Ltd, operating as Formcon Group Pty Ltd, engaged in a dispute over the terms of their proposed enterprise agreement with their employees. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements under the Fair Work Act and if the agreement was made in good faith and without coercion. The court examined whether the agreement contained all the mandatory terms and conditions, if it complied with the "better off overall test" and if it was fair and reasonable in all aspects. Additionally, the court considered if the agreement was negotiated genuinely and in good faith, as required by the legislation.

The Fair Work Commission found that the enterprise agreement was compliant with the statutory requirements and was made in good faith. The agreement contained all mandatory terms and conditions and passed the "better off overall test". The Commission was satisfied that the agreement was fair and reasonable and that it was negotiated genuinely and in good faith. Consequently, the court approved the Formcon Group Pty Ltd Enterprise Agreement 2022.

As a result of the court's decision, the Formcon Group Pty Ltd Enterprise Agreement 2022 was approved and is now legally binding on the parties involved. The agreement will govern the terms and conditions of employment for the employees of Formcon Group Pty Ltd for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established