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

[2014] FWCA 4395

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
(AG2014/1480)

FK GARDNER & SONS GROUP ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 JULY 2014

Application for approval of the FK Gardner & Sons Group Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 June 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 FK Gardner & Sons Group Enterprise Agreement 2014(“the Agreement”).

[2] On 7 July 2014, the Employer provided 3 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] 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

In the Fair Work Commission, the applicant, FK Gardner and Sons Pty Ltd, trading as FK Gardner and Sons, applied for the approval of the FK Gardner & Sons Group Enterprise Agreement 2014. The respondent, the Building Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on several grounds, including concerns about the scope of the agreement, its impact on employees, and its compliance with statutory provisions. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement provided for fair and reasonable terms and conditions, if it adequately protected employees' rights, and whether it complied with all relevant statutory requirements. The court also needed to consider the specific provisions of the agreement, including those related to employment terms, conditions, and the dispute resolution process.

The Commission examined the evidence presented by both parties and considered the provisions of the agreement. It found that the agreement generally met the requirements of the Fair Work Act, providing for fair and reasonable terms and conditions for employees. The court noted that while some provisions raised concerns, they did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the FK Gardner & Sons Group Enterprise Agreement 2014, subject to certain conditions aimed at ensuring its continued compliance with the Act.

The final orders included the approval of the enterprise agreement, with specific conditions to ensure ongoing compliance and to address any identified shortcomings. The conditions required the parties to review certain provisions within a specified timeframe to ensure they met the necessary standards. The agreement was to be in effect from a specified date, pending any further orders the Commission might make.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established