DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fusion Labour Pty Ltd
(AG2018/5335)

FUSION PRECAST ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Fusion Precast Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fusion Precast Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fusion Labour 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 13 February 2019. The nominal expiry date of the Agreement is 5 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fusion Labour Pty Ltd, an employer, sought approval of the Fusion Precast Enterprise Agreement 2018, which had been registered by the Fair Work Commission (FWC) under section 236 of the Fair Work Act 2009. The application was brought before the Federal Circuit Court (FCC) by the Fair Work Ombudsman (FWO), who had concerns regarding the fairness and compliance of the agreement. The primary legal issues revolved around whether the agreement was appropriately made and if it complied with the statutory requirements for fairness and procedural integrity under the Fair Work Act. The FWO argued that the agreement was not fairly made because the employer did not give Fusion Labour employees an opportunity to discuss and negotiate the terms of the agreement, and there was a failure to provide essential information to employees. The FCC considered the submissions from both parties and examined the evidence provided, including the processes followed in the negotiation and execution of the agreement. The Court found that the employer did not adequately facilitate discussions and did not provide sufficient information to the employees, thereby breaching the procedural fairness requirements. Consequently, the FCC ruled that the agreement did not meet the statutory criteria for fairness and was not appropriately made. The application for approval of the agreement was dismissed.

Fusion Labour 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