DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gehrke Grains & Transport Pty Ltd T/A Gehrke Grains & Transport
(AG2017/5532)

GEHRKE GRAIN & TRANSPORT PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Grain handling industry
COMMISSIONER SIMPSON	BRISBANE, 7 JUNE 2018

Application for approval of the Gehrke Grain & Transport Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gehrke Grain & Transport Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gehrke Grains & Transport Pty Ltd T/A Gehrke Grains & Transport. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 7 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gehrke Grains & Transport Pty Ltd, trading as Gehrke Grains & Transport, applied to the Fair Work Commission for approval of their Single Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, and the dispute centred around the fairness and compliance of the agreement with statutory provisions. The Commission, comprising a panel of members, was tasked with assessing the agreement's terms and conditions to ensure they met the legislative standards for simplicity, transparency, and fairness.

The legal issues the court had to address included whether the agreement's terms were sufficiently clear and understandable for the employees, whether there was genuine agreement between the parties, and whether the agreement complied with the requirements set out in the Fair Work Act. The court also examined if the agreement provided for minimum entitlements, such as minimum wages, penalty rates, and leave provisions, and if it adhered to the procedural fairness in its negotiation and execution.

In its reasoning, the Commission noted that the agreement had been negotiated in good faith and was comprehensive in its coverage of terms and conditions. The court found that the agreement was clear and accessible to employees, with provisions that met the legislative standards for simplicity and transparency. It also determined that the agreement provided for the minimum entitlements required by law and that there was genuine agreement between the employer and the employees. After considering all submissions and evidence, the Commission approved the Gehrke Grains & Transport Pty Ltd Single Enterprise Agreement 2017, deeming it to be a simple, transparent, and fair agreement.

Gehrke Grains & Transport Pty Ltd T/A Gehrke Grains & Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established