Giovenco Industries (Aust) Pty Ltd Summary

[2013] FWCA 52

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giovenco Industries (Aust) Pty Ltd
(AG2012/12857)

GIOVENCO INDUSTRIES (AUST) PTY LTD MACEDON ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JANUARY 2013

Application for approval of the Giovenco Industries (Aust) Pty Ltd Macedon Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industries (Aust) Pty Ltd Macedon Enterprise Agreement 2012 (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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] 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 two years from the date of operation, or until practical completion of the Macedon Project, whichever occurs sooner.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by Giovenco Industries (Aust) Pty Ltd for the approval of the Giovenco Industries (Aust) Pty Ltd Macedon Enterprise Agreement 2012, the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute involved the terms and conditions of employment between the company and its employees represented by the Australian Manufacturing Workers' Union.

The primary legal issues the Commission had to resolve were whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether it complied with any relevant regulations and standards. Additionally, the Commission needed to consider whether the agreement was fairly and appropriately negotiated, and if it provided for a fair and reasonable resolution of any disputes that might arise between the parties.

After thorough examination of the evidence and submissions presented, the Commission determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Act. The Commission also found that the agreement was fairly and appropriately negotiated, and that it provided for a fair and reasonable resolution of any disputes that might arise between the parties. Consequently, the Fair Work Commission approved the Giovenco Industries (Aust) Pty Ltd Macedon Enterprise Agreement 2012, finding it to be compliant with the legislative requirements.

As a result of the Commission's approval, the Giovenco Industries (Aust) Pty Ltd Macedon Enterprise Agreement 2012 is now a legally binding instrument governing the employment relationship between the company and its employees. This decision underscores the importance of ensuring that enterprise agreements meet the necessary standards for approval, and highlights the role of the Fair Work Commission in facilitating fair and reasonable industrial relations practices.

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