DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros Pty Ltd
(AG2019/735)

GIACCI BROS PTY LTD WESTERN AUSTRALIA AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 MAY 2019

Application for approval of the Giacci Bros Pty Ltd Western Australia Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd Western Australia Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Giacci Bros Pty Ltd. 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 May 2019 and, in accordance with s.54, will operate from 30 May 2019. The nominal expiry date of the Agreement is 30 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Giacci Bros Pty Ltd was a matter heard by the Fair Work Commission, where the company applied for approval of the Giacci Bros Pty Ltd Western Australia Agreement 2018. The dispute centred around the validity and scope of the proposed enterprise agreement, which aimed to establish terms and conditions of employment for the workers within the company’s Western Australian operations.

The key legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, including whether it was genuinely agreed upon by the necessary parties and whether it met the statutory standards for employee protections. The Commission also had to consider whether the agreement contained any terms that might be unfair or contrary to public policy.

In examining these issues, the Commission reviewed the process by which the agreement was negotiated and the evidence presented by both the company and the union representatives. The Commission found that the agreement was genuinely negotiated and that it met the requirements of the Act. It determined that the terms of the agreement were not unfair and did not contravene any statutory standards. Consequently, the Commission approved the agreement, acknowledging that it provided a fair and reasonable basis for the employment relationship within the specified jurisdiction.

The final orders of the Commission included the approval of the Giacci Bros Pty Ltd Western Australia Agreement 2018, with the agreement to be registered under the Fair Work Act 2009.

Giacci Bros 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