DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros Pty Ltd T/A Giacci/Qube Bulk
(AG2017/3593)

GIACCI BROS PTY LTD NORTHERN DISTRICT ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER WILSON	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the Giacci Bros Pty Ltd Northern District Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd Northern District Enterprise Agreement 2017 (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 T/A Giacci/Qube Bulk. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] The Construction, Forestry, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2017. The nominal expiry date of the Agreement is 12 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Giacci Bros Pty Ltd, trading as Giacci/Qube Bulk, applied to the Fair Work Commission for the approval of the Giacci Bros Pty Ltd Northern District Enterprise Agreement 2017. The dispute centred on the terms and conditions of employment of the workers covered by the agreement, which the applicant claimed would benefit both the employees and the company by enhancing productivity and job security. The application was contested by the Maritime Union of Australia, who argued that the proposed agreement contained terms that were detrimental to the employees, particularly in relation to pay rates and conditions.

The legal issues before the court involved the interpretation and application of the relevant provisions of the Fair Work Act 2009, particularly in relation to the criteria for the approval of an enterprise agreement. The court had to determine whether the agreement met the requirements of being a "better off overall test" (BOOT) for the employees, whether it complied with the "no disadvantage test", and whether it contained any prohibited content. Additionally, the court examined the fairness and reasonableness of the proposed terms, taking into account the parties' submissions and the evidence presented.

In reaching its decision, the court considered the submissions from both parties, the evidence presented, and the relevant legal principles. The court found that the agreement did indeed meet the BOOT and no disadvantage test, and that it did not contain any prohibited content. The proposed terms were deemed to be fair and reasonable, taking into account the need for a productive and harmonious workplace. The court also noted the parties' willingness to engage in good faith negotiations and the overall benefits of the agreement for both employees and the employer.

The court approved the Giacci Bros Pty Ltd Northern District Enterprise Agreement 2017, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The final orders included the approval of the agreement, with the specified modifications, and the setting aside of the application to the extent it was not in line with the court's decision. The decision was made in accordance with the legal framework and the need to balance the interests of both employees and employers.

Giacci Bros Pty Ltd T/A Giacci/Qube Bulk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established