DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Furnace Solutions Pty Ltd
(AG2017/1346)

FURNACE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2017

Application for approval of the Furnace Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Furnace Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Furnace Solutions 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2017. The nominal expiry date of the Agreement is 22 May 2021.

COMMISSIONER

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CaseChat Overview and Summary

Furnace Solutions Pty Ltd was the subject of an application for the approval of an enterprise agreement in 2017. The application was brought before the Fair Work Commission by the company and its employees' union, representing the workers. The agreement sought to establish terms and conditions of employment for the employees, including wage rates, working hours, leave provisions, and other employment-related matters.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair safety net, was free from coercion and undue influence, and was made in good faith. The Commission also had to consider if the agreement facilitated the efficient operation of the enterprise.

The Commission found that the agreement satisfied the criteria for approval. It provided for a safety net that met the minimum entitlements required by the relevant awards and ensured that the employees' conditions of employment were not worse off than their previous conditions. The Commission was satisfied that the agreement was made in good faith and without coercion or undue influence. The agreement also included provisions that facilitated the efficient operation of the enterprise, including provisions for flexibility in working arrangements. The Commission approved the enterprise agreement.

The Commission's decision to approve the enterprise agreement means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement. The agreement provides a framework for the fair and efficient operation of the enterprise and the resolution of any future disputes between the company and its employees.

Furnace Solutions 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