DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Civil Pty Ltd T/A Alpine Garden Supplies
(AG2016/2172)

ALPINE CIVIL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Alpine Civil Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alpine Civil Pty Ltd 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 Alpine Civil Pty Ltd T/A Alpine Garden Supplies. 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 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Alpine Civil Pty Ltd, trading as Alpine Garden Supplies, applied to the Fair Work Commission for approval of the Alpine Civil Pty Ltd Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, and the dispute concerned the procedural fairness of the agreement's negotiation process. The applicant sought to have the agreement registered as a registered agreement, while the respondent raised objections regarding the negotiation process.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, and whether the negotiation process was conducted in a procedurally fair manner. The respondent argued that the negotiation process was not genuine, as the applicant had not adequately considered the respondent's submissions and had not made any concessions. The applicant, on the other hand, submitted that the negotiation process was genuine and procedurally fair.

In determining the matter, the Commission found that the negotiation process was procedurally fair, and that the agreement was genuinely negotiated. The Commission noted that the applicant had considered the respondent's submissions and had made a number of concessions, including the introduction of a new clause relating to the calculation of penalty rates. The Commission also found that the agreement contained a number of provisions that were favourable to the respondent, including provisions relating to shift penalties and meal breaks. Accordingly, the Commission approved the agreement and registered it as a registered agreement.

Alpine Civil Pty Ltd T/A Alpine Garden Supplies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established