DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FRC Group Pty Ltd
(AG2020/92)

FRC GROUP PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2020

Approval of enterprise agreement Application for approval of the FRC Group Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FRC Group Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FRC Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 February 2020 and, in accordance with s.54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 11 February 2024

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FRC Group Pty Ltd recently sought the approval of the FRC Group Pty Ltd Enterprise Agreement 2020 before the Fair Work Commission (FWC). The agreement aimed to govern the terms and conditions of employment for the company's employees. The dispute arose from the company's application for the agreement's approval, with various stakeholders expressing concerns about specific provisions.

The central legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement addressed the minimum terms and conditions, was free from prohibited content, and whether it had been genuinely negotiated between the employer and the employees. The FWC had to determine if the agreement met these criteria to be approved.

In examining the agreement, the FWC considered the submissions from both FRC Group and the various employee representatives. The FWC found that the agreement largely met the statutory requirements, addressing the minimum terms and conditions and avoiding prohibited content. The FWC also concluded that the negotiation process appeared to be genuine, as evidenced by the submissions and the agreement's content. Consequently, the FWC approved the FRC Group Pty Ltd Enterprise Agreement 2020, finding it compliant with the legislative requirements.

The FWC's decision not only approved the enterprise agreement but also highlighted specific provisions that were scrutinised during the approval process. The final orders included the approval of the agreement, contingent upon compliance with the FWC's conditions, which required the company to ensure ongoing adherence to the agreement's terms.

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