DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons
(AG2018/718)

FK GARDNER & SONS GROUP ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the FK Gardner & Sons Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FK Gardner & Sons Group Enterprise 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 FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons. 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 is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves FK Gardner and Sons Pty Ltd trading as FK Gardner and Sons, where the company applied for the approval of the FK Gardner & Sons Group Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and ensuring compliance with employment laws. The primary dispute centred on the validity and fairness of the enterprise agreement, which sets out the terms and conditions of employment for the workers covered by the agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained all the mandatory terms required by the Fair Work Act 2009, and if the agreement met the requirements for being considered fair and reasonable. Additionally, the Commission had to consider if the agreement was made in good faith and if the process followed to reach the agreement was appropriate. The Commission's task was to ensure that the agreement complied with the statutory framework governing enterprise agreements in Australia.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and the manner in which it was presented to the employees. The Commission found that the agreement was genuinely negotiated and that all mandatory terms were included. The agreement was also considered to be fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission concluded that the agreement met all the necessary requirements for approval and was in compliance with the statutory framework. Consequently, the Commission approved the FK Gardner & Sons Group Enterprise Agreement 2018.

The Fair Work Commission approved the FK Gardner & Sons Group Enterprise Agreement 2018, recognising it as a valid and fair agreement that met the legal requirements for enterprise agreements in Australia. This decision ensures that the terms and conditions of employment for the workers covered by the agreement are legally binding and enforceable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established