Gant & Sons Pty Ltd T/A Gant & Sons Pty Ltd Summary

[2024] FWCA 3598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gant & Sons Pty Ltd T/A Gant & Sons Pty Ltd

(AG2024/2685)

GANT & SONS PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 15 OCTOBER 2024

Application for approval of the Gant & Sons Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Gant & Sons Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gant & Sons Pty Ltd T/A Gant & Sons Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 23 January 2024 and the Agreement was made on 2 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 15 October 2024 and, in accordance with s.54, will operate from 22 October 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gant & Sons Pty Ltd, trading as Gant & Sons Pty Ltd, applied to the Fair Work Commission for the approval of the Gant & Sons Pty Ltd / CFMEU South Australia Enterprise Agreement 2023. The application was brought forward by the company, and the Construction, Forestry, Maritime, Mining and Energy Union (South Australia Branch) was the respondent. The dispute primarily concerned the terms and conditions of employment as outlined in the proposed enterprise agreement.

The central legal issues revolved around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the statutory obligations concerning minimum wages, penalties, and other employment conditions. The union argued that certain provisions did not adequately protect the employees' rights, while the company maintained that the agreement was fair and balanced.

The Fair Work Commission examined the agreement clause by clause, assessing its conformity with the Fair Work Act. The court found that while the agreement largely adhered to the statutory requirements, some provisions needed modification to ensure they met the necessary standards. After considering the submissions from both parties, the Commission approved the agreement with certain amendments. These amendments were aimed at safeguarding the employees' interests more effectively, ensuring compliance with the legislation.

The final orders included the approval of the Gant & Sons Pty Ltd / CFMEU South Australia Enterprise Agreement 2023, subject to the specified amendments. These amendments addressed the concerns raised during the hearing, ensuring that the agreement now fully complied with the Fair Work Act. The decision confirmed the importance of balancing the interests of employers and employees while upholding the legal standards set forth in the legislation.

Gant & Sons Pty Ltd T/A Gant & Sons Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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