DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

David Gill Greenhouses Pty Ltd
(AG2016/3474)

DAVID GILL GREENHOUSES GROUP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 JULY 2016

Application for approval of the David Gill Greenhouses Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the David Gill Greenhouses Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by David Gill Greenhouses Pty Ltd. The Agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2016. The nominal expiry date of the Agreement is 1 June 2020.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved David Gill Greenhouses Pty Ltd, an employer, and the Fair Work Commission, the applicant. The matter before the court was the application for the approval of the David Gill Greenhouses Group Enterprise Agreement 2016. The legal issues that arose centred on whether the agreement complied with the relevant legislative provisions and whether it was fair and reasonable for the employees of the company. The court needed to assess if the agreement provided for the appropriate minimum terms and conditions of employment, and if it included adequate dispute resolution mechanisms.

The court meticulously examined the agreement and found that it met the necessary criteria for approval. It noted that the agreement outlined the minimum terms and conditions of employment, which were consistent with the applicable awards and legislation. Additionally, the court was satisfied that the dispute resolution mechanisms provided in the agreement were fair and reasonable. The court concluded that the agreement was in line with the requirements of the Fair Work Act 2009 and was fair and reasonable for the employees.

The Fair Work Commission approved the David Gill Greenhouses Group Enterprise Agreement 2016. The court ordered that the agreement be registered and become a lawful and binding instrument effective from the date of approval. This decision provided clarity for the employer and employees regarding the terms and conditions of employment, and established a framework for resolving any future disputes that may arise.

David Gill Greenhouses 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