Gemmill Homes Pty Ltd T/A Gemmill Homes

[2014] FWCA 3497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemmill Homes Pty Ltd T/A Gemmill Homes
(AG2014/5623)

GEMMILL HOMES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 MAY 2014

Application for approval of the Gemmill Homes Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gemmill Homes Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gemmill Homes Pty Ltd, trading as Gemmill Homes, applied to the Fair Work Commission for approval of the Gemmill Homes Enterprise Agreement 2014. The application involved the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The primary dispute centred around whether the agreement met the legal criteria for approval, including the proper representation of the employees and the fairness of the terms.

The legal issues the court had to address were whether the agreement was genuinely a product of genuine agreement and if it adhered to the procedural fairness requirements. Specifically, the court needed to determine if the union that represented the employees had correctly followed the necessary procedures and if the agreement's terms were reasonable. This involved assessing the bargaining process and the contents of the agreement against the legal standards set forth in the relevant Acts.

The Fair Work Commission found that the union had followed the appropriate procedures in representing the employees and that the agreement had been genuinely negotiated. The court was satisfied that the terms of the agreement were fair and met the legal criteria for approval. Consequently, the application for approval of the Gemmill Homes Enterprise Agreement 2014 was successful. The agreement was approved, allowing it to be registered and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established