[2013] FWCA 807 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Giovenco Industries (Aust) Pty Ltd
(AG2013/97)
GIOVENCO INDUSTRIES (AUST) PTY LTD - AMWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2012
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MCCARTHY | PERTH, 6 FEBRUARY 2013 |
Application for approval of the Giovenco Industries (Aust) Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2012.
[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industries (Aust) Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.
[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.
[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.
DEPUTY PRESIDENT
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- AGLC
- Giovenco Industries (Aust) Pty Ltd [2013] FWCA 807
- Case
- [2013] FWCA 807
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided fair and beneficial terms and conditions for the employees, and whether it complied with the procedural requirements of the Fair Work Act. The Commission had to assess if the agreement was genuinely negotiated between the parties, if it was made in good faith, and if it met the criteria for approval under the Act. Furthermore, the Commission examined whether the agreement adequately protected the interests of the employees and complied with relevant industrial laws and regulations.
In reaching its decision, the Fair Work Commission considered the submissions from the parties and examined the contents of the agreement. The Commission found that the agreement was genuinely negotiated and made in good faith, and it met the criteria for approval under the Act. The Commission was satisfied that the agreement provided fair and beneficial terms and conditions for the employees, and it complied with relevant industrial laws. The Commission also found that the agreement adequately protected the interests of the employees and was in the best interests of the parties involved.
The Fair Work Commission approved the 2012 agreement between Giovenco Industries (Aust) Pty Ltd, the Australian Manufacturing Workers' Union (AMWU), and the Gorgon Project on Barrow Island. The Commission determined that the agreement met the requirements for fair and beneficial terms and conditions for the employees and complied with the relevant industrial laws. The approval of the agreement was seen as a positive step in establishing fair terms and conditions for the employees on the Barrow Island Greenfields Project.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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