Giacci Bros Pty Limited Summary

[2014] FWCA 3174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros Pty Limited
(AG2014/1042)

GIACCI BROS PTY LTD NORTHERN DISTRICT TRANSPORT ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 MAY 2014

Application for approval of the Giacci Bros Pty Ltd Northern District Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd Northern District Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Construction, Forestry, Mining & Energy Union (CFMEU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 22 May 2014. The nominal expiry date of the Agreement is 3 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Giacci Bros Pty Limited was the subject of an application for the approval of the Giacci Bros Pty Ltd Northern District Transport Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees of Giacci Bros Pty Limited, which was primarily engaged in the transport industry.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for a fair and efficient system of work and the protection of employees' rights. The Commission had to consider whether the agreement met the threshold criteria for approval, such as whether it provided for minimum rates of pay, maximum hours of work, and other conditions that were no less favourable than the applicable award or registered agreement.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail, taking into account submissions from both the employer and the employees' representatives. The Commission found that the agreement provided for fair and efficient work arrangements and contained provisions that were no less favourable than the relevant award. The Commission concluded that the agreement met the threshold criteria for approval and was in the best interests of the employees. The Commission approved the application, and the Giacci Bros Pty Ltd Northern District Transport Enterprise Agreement 2014 was thereby registered.

Giacci Bros Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established