DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giovenco Industries (Aust) Pty Ltd
(AG2016/6675)

G.I.A PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the G.I.A Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the G.I.A Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Giovenco Industries (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2016. The nominal expiry date of the Agreement is 29 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Giovenco Industries (Aust) Pty Ltd, applied for the approval of the G.I.A Pty Ltd Enterprise Agreement 2016. The agreement, which was the subject of negotiation between the applicant and the employees represented by the Australian Manufacturing Workers' Union, contained various terms and conditions of employment, including pay rates, hours of work, and leave entitlements. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the minimum terms and conditions that must be included in such agreements. Additionally, the Commission had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment as required by the Act. The applicant argued that the agreement was fair and reasonable and met all statutory requirements, while the union contended that certain aspects of the agreement did not comply with the Act.

The Commission found that the enterprise agreement did not include certain minimum terms and conditions required by the Fair Work Act. Specifically, the agreement did not adequately address the issue of shift differentials and did not provide sufficient details regarding the calculation of overtime. Despite these deficiencies, the Commission acknowledged that the agreement contained provisions that were beneficial to the employees, including increased pay rates and improved leave entitlements. After considering the overall fairness of the agreement, the Commission determined that the benefits to the employees outweighed the shortcomings and approved the enterprise agreement. The final orders required the applicant to implement the approved agreement and ensure compliance with its terms.

Giovenco Industries (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established