Gandy & Roberts Pty Ltd

[2014] FWCA 5395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gandy & Roberts Pty Ltd
(AG2014/1227)

GANDY & ROBERTS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2014

Application for approval of the Gandy & Roberts Enterprise Agreement 2014.

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

[2] The flexibility provision in clause 6 does not comply with the requirements in section 203 of the Act. 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, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 15 August 2014. The nominal expiry date of the Agreement is 7 August 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Gandy & Roberts Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement proposed by the employer, Gandy & Roberts Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement contained all necessary terms and conditions to meet the requirements under the Fair Work Act 2009. The proposed agreement aimed to regulate the employment conditions of workers employed by Gandy & Roberts Pty Ltd.

The legal issues before the Commission involved determining whether the agreement met the criteria for approval as set out in the Fair Work Act. This included assessing whether the agreement provided for minimum wages and conditions, ensured fair and reasonable terms, and complied with other statutory requirements. The Commission had to consider whether the agreement was procedurally sound and whether it was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement did not contain all the necessary terms and conditions required for approval. Specifically, the agreement lacked provisions for certain minimum wages and failed to adequately address some aspects of employee entitlements. The Commission also highlighted procedural shortcomings in how the agreement was developed and presented. As a result, the Commission decided not to approve the agreement, citing that it did not meet the statutory requirements for a valid enterprise agreement.

The Commission’s decision underscores the importance of ensuring that all necessary terms and conditions are included in an enterprise agreement. Additionally, the ruling emphasises the necessity of proper procedural adherence in the agreement development process. The decision provides a clear directive to the parties to revise and resubmit the agreement to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established