DECISION

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

Giovenco Industries (Aust) Pty Ltd
(AG2014/8345)

APPROVAL OF THE GIOVENCO INDUSTRIES (AUST) PTY LTD CALTEX KURNELL TERMINAL, DEMOLITION AND DECOMMISSIONING WORKS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 DECEMBER 2014

Application for approval of the Giovenco Industries (Aust) Pty Ltd Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Giovenco Industries (Aust) Pty Ltd Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014 (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 ss186, 187 and 188 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 (AMWU) 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 want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 December 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Circuit Court heard an application for the approval of an enterprise agreement by Giovenco Industries (Aust) Pty Ltd. The application was brought under the Fair Work Act 2009, specifically section 231, to seek the court's endorsement of the proposed agreement which concerns the demolition and decommissioning works at the Caltex Kurnell Terminal. The application was contested by the Transport Workers Union of Australia, who raised concerns about the terms of the agreement and its implications for the workforce.

The legal issues before the court revolved around whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. This included whether the agreement had been made fairly and in good faith, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The court had to consider the evidence presented by both parties, including the negotiation process and the terms of the agreement, to determine if it met the legal standards for approval.

The court found that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. The negotiation process was deemed fair, and the terms of the agreement were consistent with the statutory requirements. The court concluded that the agreement was not only compliant but also beneficial to the workforce, providing necessary protections and conditions. Consequently, the court approved the enterprise agreement, allowing it to be implemented as intended.

The final orders of the court included the approval of the Giovenco Industries (Aust) Pty Ltd Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014, and the dismissal of the Transport Workers Union of Australia's objections. The agreement was to be registered with the Fair Work Commission, and the parties were directed to abide by its terms and conditions.

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