FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons

[2014] FWCA 6051

FAIR WORK COMMISSION

DECISION

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

FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons
(AG2014/7076)

FKG GROUP SOLUTION PARTNERS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 SEPTEMBER 2014

Application for approval of the FKG Group Solution Partners Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 August 2014 by FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons for the approval of a single-enterprise agreement known as the FKG Group Solution Partners Enterprise Agreement 2014(“the 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 for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FK Gardner and Sons Pty Ltd, trading as FK Gardner and Sons, applied to the Fair Work Commission for approval of the FKG Group Solution Partners Enterprise Agreement 2014. The dispute involved whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement adequately covered essential terms and conditions, if it provided for minimum rates of pay and entitlements, and if it ensured procedural fairness. The Commission also considered whether the agreement contained any terms that were contrary to public policy or had an unfair impact on employees. A further issue was whether the agreement had been genuinely negotiated and whether it was appropriate for the classification of the employees involved.

In its decision, the Fair Work Commission found that the FKG Group Solution Partners Enterprise Agreement 2014 was fair and reasonable in all its terms. The Commission noted that the agreement provided for minimum rates of pay and other entitlements, and contained procedural fairness provisions. It was determined that the agreement did not contain any terms contrary to public policy or with an unfair impact on employees. The Commission was satisfied that the agreement had been genuinely negotiated and was appropriate for the classification of the employees involved.

The Fair Work Commission approved the FKG Group Solution Partners Enterprise Agreement 2014, effective from 1 April 2014. The Commission noted that the agreement would now apply to the relevant employees and employers, and it would be listed on the Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established