DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genco Pty Ltd
(AG2016/1726)

GENCO PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2016

Application for approval of the Genco Pty Ltd Enterprise Agreement 2016.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2016. The nominal expiry date of the Agreement is 15 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Genco Pty Ltd, the Fair Work Commission was tasked with approving the Enterprise Agreement 2016. The agreement was proposed by Genco Pty Ltd and concerned the terms and conditions of employment for its employees. The dispute arose as to whether the agreement complied with the requirements of the Fair Work Act 2009. The central legal issue was whether the agreement met the criteria for approval, including whether it was made in good faith, provided for the proper operation of businesses, and contained necessary protections for employees.

The Commission considered the arguments from both Genco Pty Ltd and the unions representing the employees. It examined the process through which the agreement was made, the terms and conditions it proposed, and the impact it would have on employees. The Commission was particularly attentive to ensuring that the agreement was made in good faith and that it provided for the proper operation of Genco Pty Ltd's businesses. Additionally, the Commission reviewed whether the agreement adequately protected employees' rights and interests.

After thorough deliberation, the Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement was made in good faith, provided for the proper operation of Genco Pty Ltd's businesses, and contained necessary protections for employees. The Commission noted that the agreement balanced the interests of both the employer and the employees, and thus, it was in the best interests of the employees. The Commission approved the Enterprise Agreement 2016, subject to certain conditions and clarifications.

Genco Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established