Giovenco Industries (Aust) Pty Ltd Summary

[2013] FWCA 4461

FAIR WORK COMMISSION

DECISION

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

Giovenco Industries (Aust) Pty Ltd
(AG2013/7359)

GIOVENCO INDUSTRIES (AUST) PTY LTD (CALTEX KURNELL WHARF) ENTERPRISE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 JULY 2013

Application for approval of the Giovenco Industries (Aust) Pty Limited (Caltex Kurnell Wharf) Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industries (Aust) Pty Limited (Caltex Kurnell Wharf) Enterprise Agreement 2013-2014 (the Agreement). The application was made by Giovenco Industries (Aust) Pty Limited 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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 16 July 2013. The nominal expiry date of the Agreement is 7 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Giovenco Industries (Aust) Pty Ltd, sought approval of an enterprise agreement with its employees, specifically those working at the Kurnell Wharf. The respondents were the Fair Work Commission (FWC) and several employees represented by the Maritime Union of Australia. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the procedural fairness and the compliance with the minimum terms and conditions.

The central legal issues before the court were whether the agreement was genuinely bargained, if it contained the minimum terms and conditions as required by the Fair Work Act, and if the proper procedures were followed during the negotiation and approval process. The court had to examine if the agreement was made in good faith, if it was free from coercion and if the employees had been adequately consulted. Furthermore, the court needed to assess if the agreement complied with the minimum entitlements under the relevant industrial instrument.

The court examined the evidence provided by the applicant and the respondents, focusing on the negotiation process, the content of the agreement, and the compliance with statutory provisions. The court found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. It also determined that the negotiation process was fair and that the employees had been adequately consulted. Consequently, the court approved the enterprise agreement as it met all the statutory requirements.

The court ordered that the Giovenco Industries (Aust) Pty Ltd (Caltex Kurnell Wharf) Enterprise Agreement 2013-2014 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the FWC and would be in effect from the specified date, providing a framework for the employment relationship between the applicant and its employees at the Kurnell Wharf.

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