Gitani Stone Pty Ltd

[2021] FWCA 6990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gitani Stone Pty Ltd
(AG2021/8594)

GITANI STONE PTY LTD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 DECEMBER 2021

Application for approval of the Gitani Stone Pty Ltd Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement to be known as the Gitani Stone Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gitani Stone Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2021. The nominal expiry date of the Agreement is 6 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Gitani Stone Pty Ltd sought approval of the Gitani Stone Pty Ltd Enterprise Agreement 2021 - 2025. The applicant was represented by counsel, while the employees were represented by an employee representative. The enterprise agreement, if approved, would regulate the terms and conditions of employment for the employees of the applicant over the specified period. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for approval under the Act. Procedurally, the agreement needed to have been made in good faith and to have been the product of genuine bargaining. Substantively, the agreement had to provide for minimum entitlements and ensure that employees were not worse off in terms of wages, conditions, or benefits. The Commission had to consider whether the agreement met these criteria and if it was fair and reasonable in all the circumstances.

The Commission found that the agreement had been made in good faith and as a result of genuine bargaining. The applicant had provided evidence of the negotiation process, including the participation of employee representatives and the consideration of employee concerns. The Commission was satisfied that the agreement met the procedural requirements. Regarding the substantive provisions, the Commission considered whether the agreement provided for minimum entitlements and whether it was fair and reasonable. After examining the terms of the agreement, the Commission determined that the agreement met the necessary criteria and was fair and reasonable in all the circumstances.

The Commission approved the Gitani Stone Pty Ltd Enterprise Agreement 2021 - 2025, effective from 1 July 2021. The applicant's application was accordingly successful. The employees and the applicant would be bound by the terms of the approved agreement for the duration of its operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established