DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Future Engineering and Communication Pty Ltd as Trustee for the Future Engineering and Communication Unit Trust T/A Future Engineering and Communication
(AG2018/6629)

FUTURE ENGINEERING & COMMUNICATION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 13 MAY 2019

Application for approval of the Future Engineering & Communication Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Future Engineering & Communication 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 Future Engineering and Communication Pty Ltd as Trustee for the Future Engineering and Communication Unit Trust T/A Future Engineering and Communication. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. . The nominal expiry date of the Agreement is 19 May 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Future Engineering and Communication Pty Ltd, as trustee for the Future Engineering and Communication Unit Trust trading as Future Engineering and Communication, sought approval of the Future Engineering & Communication Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement provided for the mandatory terms and conditions of employment as required by section 234 of the Act, and if it could be approved despite not including a specific term regarding the handling of redundancy payments.

The Commission examined the agreement to ensure it covered the minimum terms and conditions, including minimum wages and penalties, maximum weekly hours of work, requests for flexible working arrangements, and annual leave. The agreement was found to provide for these mandatory terms, although it did not specifically address redundancy payments. The Commission noted that while it was preferable for an agreement to include provisions for redundancy, the absence of such a term did not necessarily disqualify the agreement from approval. The Commission concluded that the agreement was sufficiently comprehensive in covering the other mandatory terms and that its approval was warranted in the interests of facilitating a fair and efficient workplace.

In reaching its decision, the Commission emphasised the importance of ensuring that employees are aware of their entitlements, including those related to redundancy, but found that the absence of a specific term did not render the agreement defective. The Commission considered the overall fairness and effectiveness of the agreement in providing for the employees' terms and conditions of employment. The Fair Work Commission approved the Future Engineering & Communication Enterprise Agreement 2018, noting that while the inclusion of a redundancy payment term would have been preferable, the agreement sufficiently met the statutory requirements for approval.

Future Engineering and Communication Pty Ltd as Trustee for the Future Engineering and Communication Unit Trust T/A Future Engineering and Communication

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established