DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fortec Australia Pty Ltd
(AG2016/5448)

FORTEC AUSTRALIA ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Fortec Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fortec Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fortec Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 13 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Fortec Australia Pty Ltd, the applicant sought approval for the Fortec Australia Enterprise Agreement 2016. This agreement, which was to apply to employees of Fortec Australia Pty Ltd, aimed to regulate various terms and conditions of employment. The application for approval was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards and whether it provided for fair and reasonable terms for the employees concerned.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections concerning the protection of vulnerable employees, the provisions of minimum terms and conditions, and the fairness of the agreement overall. The Commission was tasked with assessing whether the agreement ensured that the employees were treated fairly and that the terms did not undermine the existing protections afforded to employees under Australian labour law.

The Fair Work Commission found that the Fortec Australia Enterprise Agreement 2016 met the statutory requirements for approval. The Commission concluded that the agreement was fair and reasonable, providing adequate protections for the employees. It was determined that the agreement included provisions that safeguarded the interests of the employees and did not disadvantage them in any way. Consequently, the application for approval was granted, and the Fortec Australia Enterprise Agreement 2016 was approved as compliant with the Fair Work Act 2009.

Fortec 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