Garwoods Pty Ltd Summary

[2013] FWCA 6154

FAIR WORK COMMISSION

DECISION

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

Garwoods Pty Ltd
(AG2013/8648)

GARWOODS PTY LTD - MINING ENTERPRISE AGREEMENT 2013-2016

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 AUGUST 2013

Application for approval of the Garwoods Pty Ltd - Mining Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Garwoods Pty Ltd - Mining Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 2 September 2013. The nominal expiry date of the Agreement is 25 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Garwoods Pty Ltd was involved in an application for the approval of the Mining Enterprise Agreement 2013-2016. The applicant, Garwoods, sought the Fair Work Commission's (FWC) approval of this enterprise agreement. The dispute arose as Garwoods sought to have the agreement approved under the Fair Work Act 2009 (Cth), which governs the regulation of workplace relations in Australia.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved examining whether the agreement had been made in accordance with the Act, including whether it contained all the mandatory terms and conditions specified by the legislation, and whether it had been made without coercion or undue influence. Another aspect of the inquiry was whether the agreement provided a safety net for employees, ensuring that it did not disadvantage employees in comparison to their applicable award or registered agreement.

The FWC examined the proposed agreement's contents and found that it complied with the mandatory requirements of the Fair Work Act. The commission also found that the agreement was made without coercion and provided a safety net for employees. The FWC was satisfied that the agreement met all the legislative criteria for approval. Therefore, the commission approved the Garwoods Pty Ltd Mining Enterprise Agreement 2013-2016.

The FWC's approval of the agreement meant that it would now be binding on the parties, and any disputes relating to the agreement would be governed by its terms. The approval ensured that Garwoods' employees would be covered by the agreement, and the agreement would provide a framework for their employment conditions during the specified period.

Garwoods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established