DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giant Labour Group Pty Ltd
(AG2017/4248)

GIANT LABOUR GROUP PTY LIMITED AND EMPLOYEES ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the Giant Labour Group Pty Limited and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Giant Labour Group Pty Limited and Employees Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Giant Labour Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 25 January 2018 and, in accordance with s.54, will operate from 1 February 2018. The nominal expiry date of the Agreement is 25 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Giant Labour Group Pty Ltd sought approval for the Giant Labour Group Pty Limited and Employees Enterprise Agreement 2017-2021. The agreement was contested by the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on several aspects of the proposed agreement, including the proposed rates of pay, conditions of employment, and the process for resolving disputes.

The primary legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement complied with the Fair Work Act 2009. The union argued that the proposed rates of pay were insufficient and did not meet the 'better off overall test', and that the dispute resolution process was inadequate. The Commission had to consider whether the agreement complied with the statutory requirements, and if it was in the interests of the employees.

The Commission found that the proposed agreement did not meet the 'better off overall test' as it failed to provide employees with a sufficient increase in pay and conditions. The Commission also found that the dispute resolution process was inadequate as it did not provide for independent and impartial resolution of disputes. The Commission rejected the application for approval of the proposed enterprise agreement.

The Fair Work Commission refused to approve the Giant Labour Group Pty Limited and Employees Enterprise Agreement 2017-2021. The Commission directed the parties to negotiate in good faith to reach an agreement that met the statutory requirements and was in the interests of the employees. The Commission also directed that the existing enterprise agreement remain in force until a new agreement was made.

Giant Labour Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established