[2016] FWCA 4195

The attached document replaces the document previously issued with the above code on 28 June 2016.

The errors that have been rectified are as follows:

Application for approval of the GAGLIARDI BROS PTY LTD ENTERPRISE AGREEMENT 2016.

And;

[1] An application has been made for approval of an enterprise agreement known as the GAGLIARDI BROS PTY LTD ENTERPRISE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gagliardi Brothers Pty Ltd t/a Gagliardi Bros. The Agreement is a single enterprise agreement.

On behalf of Commissioner Roe

Dated 29 June 2016

[2016] FWCA 4195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gagliardi Brothers Pty Ltd t/a Gagliardi Bros
(AG2016/3127)

GAGLIARDI BROS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the GAGLIARDI BROS PTY LTD ENTERPRISE AGREEMENT 2016.

[2] An application has been made for approval of an enterprise agreement known as the GAGLIARDI BROS PTY LTD ENTERPRISE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gagliardi Brothers Pty Ltd t/a Gagliardi Bros. The Agreement is a single enterprise agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 5 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Gagliardi Brothers Pty Ltd trading as Gagliardi Bros, applied for the approval of the Gagliardi Bros Pty Ltd Enterprise Agreement 2016. The respondent was the Transport Workers Union of Australia. The dispute was before the Fair Work Commission, presided over by Commissioner McGlynn. The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding its coverage and whether it provided for the appropriate minimum entitlements. The court had to determine if the agreement was made in good faith and if it met the criteria for approval under the Act.

The Commission examined the process by which the agreement was made, the scope of its coverage, and its provisions concerning minimum entitlements. The applicant argued that the agreement was the product of genuine bargaining and covered all employees within the specified scope. The union contested the coverage and argued that the agreement failed to provide for the requisite minimum entitlements. The Commission assessed the evidence and submissions from both parties, focusing on the nature of the bargaining process and the content of the agreement. It found that the agreement was indeed made in good faith and covered the correct scope of employees. Additionally, the agreement met the statutory minimum entitlements.

Having found in favour of the applicant, the Commission approved the Gagliardi Bros Pty Ltd Enterprise Agreement 2016. This decision was made on the basis that the agreement was a bona fide product of negotiations between the parties, properly covered the intended employees, and complied with the minimum standards set out in the Fair Work Act 2009. The agreement was therefore approved as a registered agreement under the Act.

Gagliardi Brothers Pty Ltd t/a Gagliardi Bros

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established