DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros Pty Ltd T/A Giacci/Qube Bulk
(AG2016/7321)

GIACCI BROS PTY LTD PROMINENT HILL ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2017

Application for approval of the Giacci Bros Pty Ltd Prominent Hill Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd Prominent Hill Enterprise Agreement 2016 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 23 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Giacci Bros Pty Ltd T/A Giacci/Qube Bulk applied for the approval of the Giacci Bros Pty Ltd Prominent Hill Enterprise Agreement 2016. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, while the respondent, Australian Workers Union (AWU), contended that the agreement did not comply with certain provisions of the Act. The case centred on whether the agreement adequately protected employees' rights and interests, particularly regarding minimum wage rates, penalty rates, and other employment conditions.

The legal issues before the court included whether the agreement appropriately addressed the minimum wage entitlements under the National Employment Standards, if the penalty rates were fairly calculated, and whether the agreement provided for adequate consultation and notice periods for changes to the agreement. Additionally, the court examined whether the agreement complied with the requirements for a "single, integrated, and written" agreement, as mandated by the Act.

The Fair Work Commission found that while the agreement generally complied with the statutory requirements, there were deficiencies in the calculation of penalty rates and insufficient consultation with employees. The Commission held that the agreement did not adequately protect employees' rights to minimum wage and appropriate penalty rates. Consequently, the Commission refused to approve the agreement and ordered the applicant to revise and resubmit the agreement for approval. The decision underscored the importance of ensuring that enterprise agreements meet the statutory standards for protecting employees' rights and interests.

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