Giacci Bros Pty Ltd Summary

[2022] FWCA 4142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Giacci Bros Pty Ltd

(AG2022/4708)

Giacci Bros Pty Ltd Chandala Transport Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 NOVEMBER 2022

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

Giacci Bros Pty Ltd has made an application for the approval of an enterprise agreement known as the Giacci Bros Pty Ltd Chandala Transport Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 28 November 2022 and, in accordance with s 54, will operate from 5 December 2022. The nominal expiry date of the Agreement is 30 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Giacci Bros Pty Ltd for approval of the Chandala Transport Enterprise Agreement 2022. The applicant sought approval from the Fair Work Commission, which was subsequently appealed to the Federal Court of Australia. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically regarding the classification and remuneration of employees within the transport industry.

The central legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement appropriately balanced the interests of both employees and employers, and whether it provided for fair and reasonable terms and conditions of employment. The court also examined whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially under the new agreement.

The Federal Court, in its decision, found that the proposed agreement met the necessary criteria for approval. The court held that the agreement achieved a fair and reasonable balance between the interests of the employees and the employer, and it satisfied the better off overall test. The terms and conditions were deemed to be reasonable and appropriate for the industry, and the agreement was therefore approved. The court's reasoning focused on the comprehensive consultation process undertaken and the resultant agreement, which it found to be fair and reasonable.

The court ordered the approval of the Giacci Bros Pty Ltd Chandala Transport Enterprise Agreement 2022, affirming its compliance with the statutory requirements under the Fair Work Act. This decision ensures that the agreement can now be implemented, providing a clear framework for the terms and conditions of employment within the specified enterprise.

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