DECISION

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

George’s Loader Hire Pty Ltd
(AG2019/3101)

GEORGE'S LOADER HIRE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 25 NOVEMBER 2019

Application for approval of the George's Loader Hire Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the George's Loader Hire Pty Ltd Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by George’s Loader Hire Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

George's Loader Hire Pty Ltd sought approval of the Enterprise Agreement 2019 from the Fair Work Commission. The agreement was submitted by the employer, who sought to formalise the terms and conditions of employment for the employees. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine if the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act.

The key legal issues involved whether the agreement was made in good faith and if it provided for the terms and conditions of employment of the employees. The employer argued that the agreement was negotiated in good faith and was compliant with the statutory requirements. The employee representative contended that the agreement did not fairly represent the employees' interests and failed to meet the legislative standards. The Commission considered the process of negotiation, the terms of the agreement, and the overall fairness of the agreement in light of the statutory criteria.

In determining the matter, the Commission found that the negotiation process was conducted in good faith and that the agreement was made without any undue influence or coercion. The Commission further found that the terms of the agreement were fair and met the requirements of the Act. The Commission was satisfied that the agreement provided for the terms and conditions of employment in a manner consistent with the statutory provisions. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the George's Loader Hire Pty Ltd Enterprise Agreement 2019. The employer was directed to provide a copy of the approved agreement to the employee representative and to implement the agreement from the effective date as specified within the agreement.

George’s Loader Hire Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established