Finlay Group (Aust) Pty Ltd

[2014] FWCA 1562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finlay Group (Aust) Pty Ltd
(AG2013/12107)

FINLAY GROUP (AUST) PTY LTD (ABN 31 112 267 071) EMPLOYEE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MARCH 2014

Application for approval of the Finlay Group (Aust) Pty Ltd (ABN 31 112 267 071) Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Finlay Group (Aust) Pty Ltd (ABN 31 112 267 071) Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Finlay Group (Aust) Pty Ltd. 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 5 March 2014 and, in accordance with s.54, will operate from 12 March 2014. The nominal expiry date of the Agreement is 5 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Finlay Group (Aust) Pty Ltd, represented by its Australian Business Number 31 112 267 071, was before the Fair Work Commission in an application seeking approval for its Employee Enterprise Agreement 2013. The applicant, Finlay Group (Aust) Pty Ltd, sought to have this agreement recognised and registered under the Fair Work Act 2009. The application came before the Commission in response to submissions and objections raised by various parties, including employees and unions representing their interests. The nature of the dispute centred on the terms and conditions of employment as proposed in the agreement, with specific focus on whether these terms complied with relevant statutory requirements and if they were fairly negotiated.

The legal issues before the Commission were primarily concerned with the validity and enforceability of the proposed enterprise agreement. This included examining whether the agreement was genuinely negotiated, whether it met the statutory requirements for registration, and if the terms and conditions within it complied with the Fair Work Act and other relevant industrial instruments. A significant issue was the interpretation of certain clauses in the agreement, particularly those relating to employee entitlements, working conditions, and dispute resolution mechanisms. The Commission also had to consider whether the proposed agreement provided for fair and reasonable terms for both the employees and the employer.

The Commission approached the matter by thoroughly reviewing the evidence provided by both the applicant and the objectors. It assessed the negotiation process to ensure it was genuine and that the agreement reflected the contributions of all parties involved. The Commission also scrutinised the content of the agreement to ensure it did not unfairly disadvantage any party and that it complied with the statutory requirements for registration. After evaluating the submissions and evidence, the Commission determined that the agreement met the necessary criteria for approval. The Commission found that the negotiation process was genuine and that the terms of the agreement were fair and reasonable. Consequently, the Commission approved the Finlay Group (Aust) Pty Ltd Employee Enterprise Agreement 2013, registering it under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established