Giacci Bros Pty Ltd Summary

[2023] FWCA 917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Giacci Bros Pty Ltd

(AG2023/663)

GIACCI BROS PTY LTD PICTON TRANSPORT ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 28 MARCH 2023

Application for approval of the Giacci Bros Pty Ltd Picton Transport Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd Picton Transport Enterprise Agreement 2022 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Transport Workers Union 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.

The Agreement is approved and in accordance with s.54, will operate from 4 April 2023. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Giacci Bros Pty Ltd applied for the approval of a transport enterprise agreement with its employees, as mandated by section 233 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, led by Commissioner Smith. The main parties involved in the case were Giacci Bros Pty Ltd, the employer, and the union representing the employees.

The legal issues that the court had to address centred around the compliance of the proposed enterprise agreement with the statutory requirements under the Fair Work Act. This included assessing whether the agreement met the "better off overall test" and ensuring that it did not contravene any of the provisions of the Act. The court also needed to determine if the agreement was made in good faith and if it contained all the mandated terms and conditions.

The Fair Work Commission found that the enterprise agreement met all the statutory requirements and was made in good faith. The Commission determined that the agreement was "fair and appropriate" and satisfied the "better off overall test". The proposed terms and conditions were deemed to be reasonable and compliant with the provisions of the Fair Work Act. As a result, the application for the approval of the Giacci Bros Pty Ltd Picton Transport Enterprise Agreement 2022 was approved.

The Fair Work Commission approved the application and authorised the enterprise agreement to come into effect on the specified date. The agreement was registered with the Fair Work Commission and would govern the employment terms and conditions for the employees of Giacci Bros Pty Ltd.

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