Fremantle Constructions Pty Ltd

[2013] FWCA 7088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fremantle Constructions Pty Ltd
(AG2013/2249)

FREMANTLE CONSTRUCTIONS PTY LTD BASE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the Fremantle Constructions Pty Ltd Base Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Constructions Pty Ltd Base Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding clause 5 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. A bargaining representative for the agreement has indicated his support for the undertaking on behalf of the employees.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Fremantle Constructions Pty Ltd for the approval of the Fremantle Constructions Pty Ltd Base Enterprise Agreement 2013. The dispute centred around the provisions of the proposed agreement, which sought to set out the terms and conditions of employment for the employees within the construction industry. The application was brought before the Commission to ensure compliance with the requirements of the Fair Work Act 2009.

The primary legal issues the Commission needed to resolve were whether the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act, including whether it met the criteria for being a "better off overall test" (BOOT) agreement, and whether it adhered to the procedural requirements for the application process. Specifically, the Commission examined if the agreement had been appropriately negotiated and if the necessary consultation processes were followed.

In considering these issues, the Commission noted that the proposed agreement had been negotiated in good faith and that the requisite consultation processes had been undertaken. The Commission also found that the agreement satisfied the BOOT requirement, as it provided employees with improved terms and conditions compared to their previous entitlements. After thorough examination, the Commission determined that the application met all necessary statutory requirements and approved the proposed agreement, thus resolving the dispute in favour of Fremantle Constructions Pty Ltd.

No further orders were made by the Commission beyond the approval of the enterprise agreement as submitted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established