DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chief Group (Aust) Pty Ltd T/A Chief Group
(AG2017/1675)

CHIEF GROUP ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2017

Application for approval of the Chief Group Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Chief Group Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chief Group (Aust) Pty Ltd T/A Chief Group. 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 7 June 2017. The nominal expiry date of the Agreement is 7 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Chief Group (Aust) Pty Ltd T/A Chief Group, the Fair Work Commission was called upon to consider an application for the approval of an enterprise agreement. The applicant, Chief Group (Aust) Pty Ltd, sought to have the Chief Group Enterprise Agreement endorsed under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the workforce, including issues such as wages, working hours, leave provisions, and other employment-related matters.

The primary legal issues before the Commission included whether the agreement complied with the statutory requirements under the Fair Work Act, whether it provided for the proper minimum entitlements of employees, and if it was free from any elements that could be considered unfair. Additionally, the Commission had to assess whether the agreement was genuinely negotiated and if it had been properly presented to the relevant employees.

In deliberating on these issues, the Commission examined the negotiation process and the contents of the agreement to ensure it met the legislative criteria. The Commission concluded that the Chief Group Enterprise Agreement was compliant with the statutory requirements and provided for the minimum entitlements of employees. The agreement was found to be fair, having been negotiated in good faith, and was presented appropriately to the employees. Consequently, the Commission approved the agreement, recognising its legitimacy and the benefits it provided to both the employer and the employees.

Chief Group (Aust) Pty Ltd T/A Chief Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established