Fugen Constructions Pty Ltd

[2014] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fugen Constructions Pty Ltd
(AG2013/12085)

FUGEN CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 31 JANUARY 2014

Application for approval of the Fugen Constructions Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Fugen Constructions Pty Ltd Enterprise Agreement 2013-2016 (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 Applicant). 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 relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 7 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Fugen Constructions Pty Ltd Enterprise Agreement 2013-2016. The application was made by the employer, Fugen Constructions Pty Ltd, under section 230 of the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for employees in the construction industry who are covered by the agreement. The application was contested by the Construction, Forestry, Mining and Energy Union, which raised concerns about certain provisions of the agreement.

The central legal issues before the commission were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. The union argued that certain provisions of the agreement, such as those relating to penalty rates and shift loadings, did not provide for minimum terms and conditions and were therefore invalid. The employer argued that the agreement was made in good faith and without coercion, and that it provided for minimum terms and conditions.

The commission found that the enterprise agreement was generally compliant with the requirements of the Fair Work Act. While the union's arguments regarding certain provisions of the agreement had some merit, the commission was satisfied that the overall effect of the agreement was to provide for minimum terms and conditions. The commission also found that the agreement was made in good faith and without coercion, and that there was no evidence of any improper conduct by the employer. The commission approved the enterprise agreement, subject to certain minor modifications to address the union's concerns.

The final orders of the commission included the approval of the Fugen Constructions Pty Ltd Enterprise Agreement 2013-2016, with certain modifications to the provisions relating to penalty rates and shift loadings. The commission also ordered that the employer take steps to ensure that the agreement was brought to the attention of all affected employees and that any disputes arising under the agreement were resolved in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established