DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gleco Enterprises Pty Ltd
(AG2019/3797)

GLECO ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2019

Application for approval of the Gleco Enterprises Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Gleco Enterprises Pty Ltd Enterprise Agreement 2019 - 2023 (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 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. The undertakings are taken to be a term of 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 23 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Gleco Enterprises Pty Ltd for the approval of their Enterprise Agreement 2019 - 2023. The applicant, a small business entity within the construction industry, sought to establish a set of terms and conditions for its employees, which included provisions regarding wages, hours of work, and other employment-related matters. The application was made under the Fair Work Act 2009, which mandates that certain criteria must be met for an enterprise agreement to be approved.

The central legal issues addressed by the Commission revolved around whether the agreement met the requirements of the Fair Work Act. These included assessing whether the agreement had been made in good faith, whether it provided for a modern workplace, and whether it contained necessary provisions regarding the protection of employees' rights and entitlements. Additionally, the Commission considered whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off financially by the terms of the agreement.

The Fair Work Commission found that the application met the statutory requirements for approval. The Commission confirmed that the agreement was made in good faith and was consistent with the principles of a modern workplace. The Commission also found that the agreement provided adequate protection for employees' rights and entitlements. Importantly, the Commission was satisfied that the agreement met the better off overall test, as it did not result in any employee being worse off financially compared to their existing terms and conditions. Consequently, the Commission approved the Enterprise Agreement 2019 - 2023.

The final orders of the Commission included the approval of the Gleco Enterprises Pty Ltd Enterprise Agreement 2019 - 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment conditions for the relevant employees for the duration of the agreement, until the end of 2023. This decision provided clarity and certainty to both the employer and the employees regarding their rights and obligations under the new agreement.

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