Fusion Labour Pty Ltd

[2018] FWCA 582

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fusion Labour Pty Ltd

(AG2017/6779)

Fusion Civil Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 29 JANUARY 2018

Application for approval of the Fusion Civil Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Fusion Civil 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 Fusion Labour Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2018. The nominal expiry date of the Agreement is 28 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fusion Labour Pty Ltd was the applicant seeking approval of the Fusion Civil Enterprise Agreement 2017. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement met the legal standards required for approval under the Fair Work Act 2009. The dispute arose from concerns about the terms of the agreement and its compliance with relevant industrial laws.

The court had to determine if the agreement contained the minimum entitlements as prescribed by the Fair Work Act, and whether it was negotiated fairly and in good faith. This involved examining the processes followed in negotiating the agreement and ensuring it did not disadvantage any party unduly. Additionally, the court needed to assess if the agreement provided for a fair and efficient workplace without undermining the rights of employees or employers.

The Fair Work Commission found that the Fusion Civil Enterprise Agreement 2017 complied with the statutory requirements. It was noted that the agreement had been negotiated in good faith and contained all the necessary minimum entitlements. The processes involved in the negotiation were deemed fair and transparent. The court approved the agreement, finding it to be both efficient and fair, providing adequate protections for all parties involved.

No further orders were required as the agreement was approved as submitted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established