DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FRR Cinel Nominees (Vic) Pty Ltd
(AG2019/943)

FRR CINEL NOMINEES (VIC) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 JULY 2019

Application for approval of the FRR Cinel Nominees (Vic) Pty Ltd Enterprise Agreement 2019.

[1] FRR Cinel Nominees (Vic) Pty Ltd has applied for approval of a single enterprise agreement known as the FRR Cinel Nominees (Vic) Pty Ltd Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made in March 2019, concerns were raised and further information was provided in response.

[3] An amended statutory declaration was filed to include information not completed in the original application. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application, the amended statutory declaration and further information provided on request of the Commission, 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.

[5] The Agreement was approved on 2 July 2019 and, in accordance with s.54, will operate from 9 July 2019. The nominal expiry date of the Agreement is 2 July 2023.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

FRR Cinel Nominees (Vic) Pty Ltd recently appeared before the Fair Work Commission, where the applicant sought approval of the FRR Cinel Nominees (Vic) Pty Ltd Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for certain employees of the respondent company. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a direct and express statement of the parties' bargain, whether it complied with the Good Faith Bargaining requirement, and whether it contained all the mandated terms and conditions as stipulated by the Act. Additionally, the Commission needed to assess whether the agreement was fair and reasonable, taking into account the potential impact on employees, and whether it aligned with the broader objectives of the Fair Work Act.

The Commission found that the agreement did indeed contain a direct and express statement of the parties' bargain, fulfilling the requirements of the Act. It was noted that the agreement had been negotiated in good faith, and all mandated terms and conditions were included. The Commission concluded that the agreement was fair and reasonable, considering the interests of both the employer and the employees. Consequently, the application for approval was successful, and the agreement was approved as it complied with the statutory requirements and was deemed to be in the best interest of the parties involved.

The Commission's final order was that the FRR Cinel Nominees (Vic) Pty Ltd Enterprise Agreement 2019 be approved, effective from the date of the decision. The approval signified that the agreement would now form the basis of the employment terms and conditions for the relevant employees, subject to the ongoing obligations of the parties under the Fair Work Act.

FRR Cinel Nominees (Vic) 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