DECISION

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

G & B Crocker Pty Ltd
(AG2014/10748)

G & B CROCKER PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 MARCH 2015

Application for approval of the G & B Crocker Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the G & B Crocker Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G & B Crocker Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“An employee shall not be required to work on a Saturday unless an employee has worked 20 hours of normal time during the day is Monday to Friday in the preceding week.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2015. The nominal expiry date of the Agreement is 13 March 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, G & B Crocker Pty Ltd applied for the approval of the G & B Crocker Pty Ltd Enterprise Agreement 2014. The application was brought in the context of an enterprise agreement between the employer and the employees, seeking to regulate terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements set out in the Fair Work Act, including whether it was made in good faith and whether it provided for proper procedures for the resolution of disputes. Additionally, the Commission had to consider whether the agreement was free from any provisions that could be deemed to undermine the protections provided by the Act, such as excessively low pay rates or unreasonable working hours.

The Fair Work Commission found that the agreement satisfied all the statutory requirements for approval. It was determined that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. The Commission also confirmed that the terms of the agreement did not undercut the protections afforded by the Act. Consequently, the Commission approved the G & B Crocker Pty Ltd Enterprise Agreement 2014, finding it to be compliant with the necessary legal standards.

G & B Crocker 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