DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Facilitation Services Pty Ltd
(AG2015/4973)

WORKFORCE FACILITATION SERVICES PTY LTD BUILDING & CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Workforce Facilitation Services Pty Ltd Building and Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Facilitation Services Pty Ltd Building and Construction Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workforce Facilitation Services 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 28 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Workforce Facilitation Services Pty Ltd sought approval of the Workforce Facilitation Services Pty Ltd Building and Construction Enterprise Agreement 2015 before the Fair Work Commission. The application for approval was made in the context of a dispute between the applicant and the Building, Construction, Forestry, Maritime, Mining and Energy Union, which represented certain employees. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved examining if the agreement contained the necessary terms and conditions, was made in good faith, and was genuinely agreed upon by the parties.

The Commission considered several aspects of the agreement, including its compliance with minimum terms and conditions, the process by which it was negotiated, and whether it was genuinely bargained for. The applicant argued that the agreement was comprehensive, covering all required aspects and reflecting the outcome of genuine negotiations. The union contended that certain terms did not meet the legislative standards and that the process was flawed. The Commission evaluated the evidence presented, including submissions from both parties and relevant legislative provisions.

In reaching its decision, the Commission found that while the agreement contained most required terms, there were deficiencies in some areas. However, the Commission was satisfied that the overall process was conducted in good faith and that the agreement represented a genuine outcome of negotiations between the parties. Consequently, the Commission approved the agreement with certain conditions, requiring amendments to address the identified deficiencies. These conditions were designed to ensure the agreement complied with the necessary standards before it could be implemented.

The final orders included the approval of the Workforce Facilitation Services Pty Ltd Building and Construction Enterprise Agreement 2015, subject to the specified amendments. The Commission mandated that the applicant and the union work together to implement these changes within a specified timeframe, ensuring the agreement met all legislative requirements before it could be enforced.

Workforce Facilitation Services 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