Giacci Bros Pty Ltd Summary

[2014] FWCA 3575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros Pty Ltd
(AG2014/1090)

GIACCI BROTHERS PTY LTD, WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2014

Application for approval of the Giacci Bros Pty Ltd, Western Australian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd, Western Australian Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Giacci Bros Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 28 May 2014 undertakings were provided by Mr D Reid, the Company’s National Workplace Relations Manager. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2014. The nominal expiry date of the Agreement is 4 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Giacci Bros Pty Ltd is the applicant seeking approval of the Western Australian Enterprise Agreement 2013, which was submitted to the Fair Work Commission. The dispute arose when the applicant sought to have the agreement approved, which would set out the terms and conditions of employment for its employees. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement met all the necessary criteria for approval, while the respondents contended that it failed to comply with certain sections of the Act. The court was required to determine whether the agreement provided for minimum terms, protected employees' rights, and was free from any unfair content.

In assessing the agreement, the court examined the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court found that the agreement did not provide for the minimum rate of pay for casual employees as required by section 111 of the Act. Additionally, the agreement did not include the provisions for paid parental leave as mandated by section 125 of the Act. As a result, the court concluded that the agreement was not compliant with the Act and could not be approved.

The court's decision resulted in the refusal to approve the enterprise agreement. The court ordered that the application be dismissed and directed the parties to negotiate and submit a revised agreement that complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This decision highlights the importance of ensuring that enterprise agreements meet the legal requirements set out in the Act and Regulations before seeking approval from the Fair Work Commission.

Giacci Bros Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established