DECISION

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

Gleco Enterprises Pty Ltd T/A Gleco Enterprises Pty Ltd
(AG2015/3074)

GLECO ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 AUGUST 2015

Application for approval of the Gleco Enterprises Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known asthe Gleco Enterprises Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gleco Enterprises Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 14 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Gleco Enterprises Pty Ltd Enterprise Agreement 2015-2019. The applicant, Gleco Enterprises Pty Ltd, sought to have the agreement registered under the Fair Work Act 2009. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application, arguing that the agreement contained provisions that were not compliant with the Act.

The central legal issue before the Commission was whether the provisions of the proposed agreement were consistent with the requirements of the Fair Work Act, particularly in relation to the treatment of employees' rights and the procedural fairness in the negotiation of the agreement. The Commission had to determine whether the agreement met the criteria for approval, including whether it provided for the terms and conditions of employment in a fair and balanced manner.

The Commission carefully reviewed the agreement and found that, while most provisions were compliant, certain clauses regarding employee discipline and termination did not align with the principles of procedural fairness and did not adequately protect employees' rights. Consequently, the Commission refused to approve the agreement as it stood, directing the parties to renegotiate certain provisions to ensure they met the statutory requirements. The Commission emphasised the importance of fair representation and negotiation processes in reaching an agreement that was acceptable to both parties and compliant with the Act.

Gleco Enterprises Pty Ltd T/A Gleco Enterprises 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