DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Facilitation Services
(AG2020/1515)

WORKFORCE FACILITATION SERVICES PTY LTD BUILDING & CONSTRUCTION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 21 JULY 2020

Application for approval of the Workforce Facilitation Services Pty Ltd Building & Construction Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Facilitation Services Pty Ltd Building & Construction Enterprise Agreement 2020 (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. The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (the Union) have applied to be heard regarding this application. At the request of the Commission the Union has provided written submissions in support of it being heard.

[3] The Union was provided with redacted copies of the form F16 and form F17 and has advised that they seek to make a submission in opposition to approval of the Agreement.

[4] The Union’s submissions explained that it was not a bargaining representative for the Agreement however in the circumstances given there would otherwise be no contradictor the Union submits the Commission would be assisted by hearing from the Union in respect of the application.

[5] It is rightly submitted that the Union’s request is within the power of the Commission under s.509 to the Act.

[6] The Union submits that its coverage of the building and construction industry and breadth of membership throughout Australia and its knowledge of the applicable awards are grounds for it to be heard.

[7] I have considered this request by the Union to be heard and note that in this case the Union was not involved in the bargaining process and consequently it has no particular knowledge of relevant events. Neither the Union nor its’ members will be directly affected by the outcome of this application.

[8] It is my view that the Union has not put forward sufficient reasons why the Commission should exercise its discretion under s.590 of the Act to allow it to be heard in this matter. Consequently, the Union will not be heard further regarding this application.

[9] The Commission corresponded with the Applicant and raised a number of concerns regarding some of the wage rates and some of the conditions detailed in the Agreement which together would have meant the agreement did not satisfy the better off overall test. The commission invited the applicant to provide either submissions regarding these concerns or alternatively an undertaking to satisfactorily allay these concerns.

[10] Consequently, the Applicant has provided written undertakings which address all of these concerns. A copy of the undertakings is attached in Annexure A.

[11] 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.

[12] Subject to these undertakings I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2020. The nominal expiry date of the Agreement is 20 July 2024.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Workforce Facilitation Services Pty Ltd applied for the approval of a new enterprise agreement. The application was made to the Fair Work Commission (FWC), which oversees the approval of enterprise agreements in Australia. The proposed agreement was intended to govern the employment conditions of workers in the building and construction industry.

The legal issues before the FFW were whether the proposed agreement met the requirements set out in the Fair Work Act 2009. The FWC needed to determine if the agreement provided for a fair and efficient workplace relationship, and whether it complied with the provisions of the Act. The FWC also had to ensure that the agreement was not discriminatory and that it allowed for the free and fair expression of views by employees. Additionally, the FWC considered whether the agreement had been genuinely negotiated between the employer and the employees.

The FWC found that the proposed agreement met the requirements of the Fair Work Act. The agreement provided for a fair and efficient workplace relationship, and it complied with the provisions of the Act. The FWC determined that the agreement was not discriminatory and that it allowed for the free and fair expression of views by employees. The FWC also found that the agreement had been genuinely negotiated between the employer and the employees. Therefore, the FWC approved the application for the Workforce Facilitation Services Pty Ltd Building & Construction Enterprise Agreement 2020.

The FWC's decision highlights the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act. The FWC's approval of the agreement demonstrates that the proposed agreement was fair and efficient and provided for a genuinely negotiated agreement between the employer and employees. The decision also underscores the importance of ensuring that enterprise agreements do not discriminate against employees and allow for the free and fair expression of views by employees.

Workforce Facilitation Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established