Future Engineering & Communication Pty Ltd

[2014] FWCA 7870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Future Engineering & Communication Pty Ltd
(AG2014/8715)

FUTURE ENGINEERING AND COMMUNICATION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 6 NOVEMBER 2014

Application for approval of the Future Engineering and Communication Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Future Engineering and Communication Enterprise Agreement 2014 (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 & Communication Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[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 was approved on 6 November 2014 and, in accordance with s.54, will operate from 13 November 2014. The nominal expiry date of the Agreement is 5 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Future Engineering & Communication Pty Ltd sought approval of their 2014 Enterprise Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which included a review of the agreement's terms and conditions, including wages, hours of work, and dispute resolution mechanisms. The legal issues before the commission included whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The commission considered whether the agreement provided fair and reasonable terms and conditions of employment, and whether it was appropriately negotiated. The commission also examined whether the agreement provided for a fair process for resolving disputes and whether it complied with the provisions of the Fair Work Act. Ultimately, the commission determined that the agreement met the necessary requirements and was in the best interests of the employees. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was appropriately negotiated.

In reaching its decision, the commission gave weight to the fact that the agreement had been negotiated in good faith and provided for a fair process for resolving disputes. The commission also noted that the agreement provided for a fair and reasonable level of wages and hours of work, and that it was in line with industry standards. The commission approved the Future Engineering and Communication Enterprise Agreement 2014, subject to certain conditions. The final orders included that the agreement would be registered and would come into effect on a specified date. The orders also included provisions for the agreement to be reviewed and amended as necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established