DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G & B Crocker Pty Ltd T/A Geoff Crocker Painting and Decorating Service
(AG2019/1703)

G & B CROCKER PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 27 JUNE 2019

Application for approval of the G & B Crocker Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the G & B Crocker Pty Ltd Enterprise Agreement 2019 (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 T/A Geoff Crocker Painting and Decorating Service. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 26 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by G & B Crocker Pty Ltd for approval of their Enterprise Agreement 2019. The respondent, the Australian Painters and Decorators Union, contested the application on the basis that the agreement did not meet the statutory requirements under the Fair Work Act 2009. The crux of the dispute lay in whether the enterprise agreement contained all the mandatory terms and conditions as required by law and if it had been genuinely agreed upon by the parties involved.

The central legal issues that the Commission needed to address were whether the agreement contained all the mandated terms and conditions as prescribed by the Fair Work Act 2009, and if the agreement was genuinely made by the parties. Furthermore, the Commission examined if the agreement allowed for proper consultation between the employer and the employees, and whether it provided fair and reasonable terms that did not adversely affect employees' rights.

In its decision, the Commission found that the agreement was in compliance with the statutory requirements and was genuinely agreed upon by the parties. The Commission noted that the agreement incorporated all mandatory terms and conditions and provided for appropriate consultation mechanisms. It also held that the terms and conditions of the agreement were fair and reasonable, taking into account the need to balance the interests of both employers and employees. Consequently, the Commission approved the G & B Crocker Pty Ltd Enterprise Agreement 2019.

G & B Crocker Pty Ltd T/A Geoff Crocker Painting and Decorating Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established