DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Excell Gray Bruni Pty Ltd
(AG2018/3636)

EXCELL GRAY BRUNI PTY LTD AND THE AUSTRALIAN WORKERS' UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Excell Gray Bruni Pty Ltd and The Australian Workers' Union Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Excell Gray Bruni Pty Ltd and The Australian Workers’ Union Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Excell Gray Bruni Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 6 November 2018. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Excell Gray Bruni Pty Ltd recently faced a legal dispute involving the approval of an industrial agreement between the company and the Australian Workers' Union. The application for approval was heard in the Fair Work Commission. The primary issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement was genuinely negotiated, if it provided fair and reasonable terms, and if it complied with the relevant provisions of the Act.

The court examined the process of negotiation and the content of the agreement to determine if it was genuinely negotiated. It also considered if the agreement provided fair and reasonable terms for the employees, including whether it met the minimum entitlements stipulated by the Act. The court further scrutinised the agreement to ensure it complied with the legislative requirements, including any relevant industrial instruments and safety standards. The court's decision hinged on whether these criteria were satisfied, and if the agreement was in the best interests of the employees.

After thorough analysis, the court found that the agreement did not meet the criteria for approval. The negotiation process was deemed inadequate, and the terms of the agreement were not fair and reasonable. The court also identified several non-compliance issues with the Act, leading to the conclusion that the agreement could not be approved. Consequently, the application was dismissed. The court's reasoning and decision were based on a detailed examination of the negotiation process, the terms of the agreement, and compliance with the relevant industrial and safety standards.

Excell Gray Bruni 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