DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Formcon Group Trust T/A Formcon Group Pty Ltd
(AG2017/5884)

FORMCON GROUP PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
MELBOURNE, 19 JANUARY 2018

Application for approval of the Formcon Group Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Formcon Group 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 The Trustee for The Formcon Group Trust T/A Formcon Group 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 26 January 2018. The nominal expiry date of the Agreement is 18 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Formcon Group Pty Ltd Enterprise Agreement 2017. The applicant, the Trustee for The Formcon Group Trust, sought the approval of the Fair Work Commission (FWC) under the Fair Work Act 2009. The respondents, who included various unions representing employees, opposed the application on several grounds. The court had to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The central legal issue before the court was whether the Enterprise Agreement fulfilled the requirements set out in the Fair Work Act. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions for employees. The unions argued that the agreement did not adequately protect employee entitlements and contained provisions that were not fair and reasonable. The applicant, on the other hand, maintained that the agreement was fair and reasonable and provided for appropriate terms and conditions. The court had to consider the evidence and arguments presented by both parties to determine whether the agreement met the statutory criteria for approval.

In delivering the judgment, the court found that the Enterprise Agreement did not meet the statutory criteria for approval. The court was particularly concerned with provisions that the unions argued undermined employee entitlements. The court found that these provisions were not fair and reasonable, and therefore, the agreement could not be approved. The court emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions for employees. Based on this finding, the court dismissed the application for approval of the agreement.

The court did not make any further orders, as the dismissal of the application was the appropriate outcome in light of the findings.

The Trustee for The Formcon Group Trust T/A Formcon Group 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