DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FRC Group Pty Ltd
(AG2015/660)

FRC GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2015

Application for approval of the FRC Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the FRC Group Pty Ltd Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ben Pearman. The Agreement is a single-enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 7 April 2015 and, in accordance with s.54, will operate from 14 April 2015. The nominal expiry date of the Agreement is 7 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the FRC Group Pty Ltd Enterprise Agreement 2015 was heard in the Fair Work Commission. The FRC Group Pty Ltd sought approval of the agreement to ensure its terms were legally binding. The applicant argued the agreement contained all necessary provisions and was fairly negotiated. The Fair Work Ombudsman, on the other hand, raised objections, contending that certain provisions did not comply with the Fair Work Act 2009.

The central legal issues before the court involved determining whether the enterprise agreement contained all the required terms and whether it was fairly negotiated. The court needed to examine if the agreement met the statutory criteria for approval, including the requirement that it be in writing, be negotiated in good faith, and provide for a minimum safety net of entitlements. The court also had to consider whether the agreement contained any unfair provisions that would render it invalid.

The Fair Work Commission found that the enterprise agreement contained all the necessary provisions and was fairly negotiated. The court examined the content of the agreement and found it complied with the statutory requirements. The agreement provided for the minimum safety net of entitlements and contained no unfair provisions. Consequently, the court approved the FRC Group Pty Ltd Enterprise Agreement 2015, rendering it legally binding on the parties involved.

FRC Group 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