DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fugen Constructions Pty Ltd
(AG2017/1576)

FUGEN CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 JUNE 2017

Application for approval of the Fugen Constructions Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Fugen Constructions Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fugen Constructions 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 was approved on 14 June 2017 and, in accordance with s.54, will operate from 21 June 2017. The nominal expiry date of the Agreement is 14 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Fugen Constructions Pty Ltd, applied for approval of the Fugen Constructions Pty Ltd Enterprise Agreement 2017-2021. The application was made under section 233 of the Fair Work Act 2009. The applicant argued that the agreement contained terms and conditions that were fair and reasonable, and that the agreement had been made in good faith.

The Commission was required to determine whether the agreement was procedurally and substantively valid. The Commission considered whether the agreement was made in accordance with the requirements of the Fair Work Act and whether the terms and conditions of the agreement were fair and reasonable. The Commission also considered whether the agreement had been made in good faith.

The Commission found that the agreement was procedurally valid and had been made in accordance with the requirements of the Fair Work Act. The Commission also found that the terms and conditions of the agreement were fair and reasonable, and that the agreement had been made in good faith. The Commission approved the agreement and made it a registered agreement under the Fair Work Act.

The Commission noted that the agreement provided for a range of terms and conditions, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission found that the terms and conditions of the agreement were fair and reasonable, and that the agreement had been made in good faith. The Commission approved the agreement and made it a registered agreement under the Fair Work Act. The Commission also made orders to ensure that the agreement was properly implemented and enforced.

Fugen Constructions 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