Giacci Bros. Pty Ltd

[2013] FWCA 1549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros. Pty Ltd
(AG2013/5530)

GIACCI BROS PTY LTD CTO ENTERPRISE BARGAINING AGREEMENT 2013

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 13 MARCH 2013

Application for approval of the Giacci Bros Pty Ltd CTO Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd CTO Enterprise Bargaining 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 agreement is a single-enterprise agreement.

[2] 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.

[3] The CFMEU, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2013. The nominal expiry date of the Agreement is 19 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Giacci Bros. Pty Ltd is a company operating in the construction industry, which applied for approval of its enterprise bargaining agreement under the Fair Work Act 2009. The Fair Work Commission, which is responsible for approving such agreements, considered the application. The nature of the dispute involved the terms of the proposed agreement, which was between Giacci Bros. Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The legal issues that the Commission had to decide were whether the agreement met the criteria for approval under the Act, including whether it was in the public interest, and whether it complied with the formal requirements set out in the legislation.

The Commission examined the agreement in detail, considering the views of both parties and any relevant public interest factors. It found that the agreement complied with the formal requirements of the Act and contained provisions that were in the public interest. The Commission took into account the nature of the industry and the need to balance the interests of the employer and employees. It also considered the impact of the agreement on productivity, efficiency, and economic growth. The Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations, and that it was appropriate for approval.

As a result of its findings, the Commission approved the Giacci Bros Pty Ltd CTO Enterprise Bargaining Agreement 2013. The agreement is now legally binding on both parties and will govern the terms and conditions of employment for the employees of Giacci Bros. Pty Ltd. The approval of the agreement by the Commission is an important step in ensuring that the parties can continue to work together in a fair and productive manner. The Commission's decision provides clarity and certainty for both the employer and employees, and will help to promote stability and harmony in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established