DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forte Signs (Australia) Pty Ltd
(AG2019/3622)

FORTE SIGNS PRODUCTION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Forte Signs Production Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Forte Signs Production Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Forte Signs (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The signed copy of the Agreement lodged in the Commission with the application contained a referencing error on page 26. On 18 October 2019 the Applicant filed an amended copy of page 26. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 29 October 2019 and, in accordance with s.54, will operate from 5 November 2019. The nominal expiry date of the Agreement is 28 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Forte Signs (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Forte Signs Production Enterprise Agreement 2019, which it had negotiated with a trade union. The union claimed to represent the employees in question. The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement. This meant determining if the agreement provided employees with outcomes no less favourable than their current conditions of employment or award entitlements.

The Commission examined the provisions of the agreement, considering whether the changes proposed would result in employees being better off overall. It assessed the financial and non-financial benefits of the agreement against the existing terms and conditions. The Commission also took into account the union's authority to negotiate on behalf of the employees and whether the agreement had been genuinely negotiated. After careful consideration, the Commission concluded that the agreement met the BOOT requirement and approved the application.

Consequently, the Forte Signs Production Enterprise Agreement 2019 was approved, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the employees covered by the agreement, superseding any conflicting terms from the relevant award. The decision ensured that the agreement was legally binding and provided a framework for the employer and employees to follow in their future dealings.

Forte Signs (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established