DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Girdwood Contracting Pty Ltd
(AG2018/1244)

GIRDWOOD CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JULY 2018

Application for approval of the Girdwood Contracting Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Girdwood Contracting Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Girdwood Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 1 August 2018. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Girdwood Contracting Pty Ltd, an applicant, sought approval of the Girdwood Contracting Pty Ltd Enterprise Agreement 2017 from the Fair Work Commission. The agreement was proposed to govern the terms and conditions of employment for its employees. The dispute arose when a party claimed the agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, which is responsible for approving enterprise agreements in Australia.

The primary legal issues before the Commission involved whether the agreement complied with the statutory requirements for an enterprise agreement, including provisions concerning the bargaining process, the nature of the agreement, and whether it met the "better off overall test." The Commission had to assess if the agreement was genuinely negotiated, if it was free from any illegality, and whether it would provide employees with a net benefit when compared to the applicable awards and other industrial instruments.

In determining the validity of the agreement, the Fair Work Commission considered evidence of the negotiation process and the contents of the agreement. It found that the agreement was genuinely negotiated and met all the statutory requirements. The Commission also determined that the agreement was fair and reasonable, and it would provide employees with a better overall position than the applicable awards. Consequently, the Fair Work Commission approved the Girdwood Contracting Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission's final order was to approve the Girdwood Contracting Pty Ltd Enterprise Agreement 2017, thereby allowing it to be registered and enforceable under the Fair Work Act 2009. The decision underscored the importance of a fair and transparent negotiation process in achieving a valid and beneficial enterprise agreement.

Girdwood Contracting 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