Giovenco Industries (Aust) Pty Ltd Summary

[2013] FWCA 5876

FAIR WORK COMMISSION

DECISION

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

Giovenco Industries (Aust) Pty Ltd
(AG2013/8063)

GIOVENCO INDUSTRIES (AUST) PTY LTD NSW & SYDNEY METRO ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 26 AUGUST 2013

Application for approval of the Giovenco Industries (Aust) Pty Ltd NSW & Sydney Metro Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industries (Aust) Pty Ltd NSW & Sydney Metro Enterprise Agreement 2013-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Giovenco Industries (Aust) Pty limited (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 7 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Giovenco Industries (Aust) Pty Ltd, sought approval of the Enterprise Agreement entered into with its employees for the period 2013-2015. The applicant argued that the agreement was appropriate for its business, ensuring a fair and efficient workplace. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding minimum entitlements and procedural fairness.

The primary legal issues the Commission had to decide were whether the agreement met the requirements of section 232 of the Fair Work Act 2009, including that it did not have a detrimental effect on employees, and whether the agreement was made in good faith and without coercion. The Commission also needed to determine whether the process followed to reach the agreement was fair and transparent.

The Commission found that the agreement did not unjustifiably diminish employees' rights or entitlements and was made in good faith without coercion. It was noted that the agreement provided for fair and reasonable terms, including provisions for minimum wage rates, penalty rates, and overtime. The Commission was satisfied that the process followed in negotiating and reaching the agreement was fair and transparent, with adequate representation and consultation of the employees. Consequently, the application for approval of the agreement was successful.

The final orders of the Commission were that the Enterprise Agreement be approved as meeting the requirements of the Fair Work Act 2009. The approved agreement will govern the employment conditions of the employees for the period 2013-2015, subject to any further applications for modification or termination.

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