Giovenco Industries (Aust) Pty Ltd Summary

[2014] FWCA 6898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Giovenco Industries (Aust) Pty Ltd
(AG2014/7563)

GIOVENCO INDUSTRIES (AUST) PTY LTD CALTEX KURNELL TERMINAL, DEMOLITION AND DECOMMISSIONING WORKS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2014

Application for approval of the Giovenco Industries (Aust) Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industries (Aust) Pty Ltd Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Giovenco Industries (Aust) Pty Ltd, the employer, applied to the Fair Work Commission for the approval of the Giovenco Industries (Aust) Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014. The applicant sought the approval of the agreement under the Fair Work Act 2009. The application was made by the employer and opposed by the Maritime Union of Australia, the employee representative. The dispute centred on whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees and whether it met the requirements of the Fair Work Act.

The legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test". The Commission found that the agreement met all the formal requirements and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the "better off overall test".

Accordingly, the Commission approved the agreement. The Commission found that the agreement provided for the fair and reasonable terms and conditions of employment for the employees and met all the requirements of the Fair Work Act. The Commission approved the Giovenco Industries (Aust) Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014.

Giovenco Industries (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established