DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gerald Holdings Pty Ltd T/A Chandos Traffic
(AG2020/1403)

GERALD HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 JUNE 2020

Application for approval of the Gerald Holdings Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Gerald Holdings Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gerald Holdings Pty Ltd T/A Chandos Traffic. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 23 June 2020. The nominal expiry date of the Agreement is 16 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gerald Holdings Pty Ltd, trading as Chandos Traffic, filed an application for the approval of their Enterprise Agreement for the years 2020 to 2024 before the Fair Work Commission. The application arose from negotiations between the company and the employees, represented by the Transport Workers Union of Australia. The primary dispute centred on the terms and conditions of employment, wage rates, and other related provisions outlined in the proposed agreement. The Fair Work Commission, tasked with ensuring the agreement met legal and procedural requirements, was the deciding body in this matter.

The legal issues before the Commission involved assessing whether the agreement adhered to the relevant legislative framework, including the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it covered the correct bargaining units, and if the terms were fair and reasonable. Furthermore, the Commission needed to consider whether the agreement complied with minimum workplace standards and if it provided appropriate dispute resolution mechanisms.

The Commission carefully reviewed the documentation and submissions from both parties. It found that the agreement was negotiated in good faith and covered the appropriate bargaining units. The wage rates and other terms were deemed fair and reasonable, meeting the statutory minimum standards. The Commission was satisfied with the dispute resolution provisions and concluded that the agreement would not have an adverse effect on employees' job security. Consequently, the application was approved, and the Enterprise Agreement for the specified period was registered.

No additional orders were required beyond the approval and registration of the Enterprise Agreement. The decision confirmed the validity of the agreement, providing a clear framework for the employment terms between Gerald Holdings Pty Ltd and its employees for the next four years.

Gerald Holdings Pty Ltd T/A Chandos Traffic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established