Gleeson Civil Engineering Pty Ltd

[2014] FWCA 3678

FAIR WORK COMMISSION

DECISION

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

Gleeson Civil Engineering Pty Ltd
(AG2014/1014)

GLEESON CIVIL ENGINEERING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 JUNE 2014

Application for approval of the Gleeson Civil Engineering Pty Ltd Employee Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gleeson Civil Engineering Pty Ltd Employee Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gleeson Civil Engineering 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] Fair Work Commission received correspondence dated 22 May 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Company Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 3 June 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Gleeson Civil Engineering Pty Ltd recently faced a dispute before the Fair Work Commission regarding the approval of its Employee Collective Agreement 2014-2018. The company sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute primarily involved the application of certain provisions of the Act and the associated regulations that pertain to the registration and approval of such agreements. The legal issues centred on whether the agreement met the necessary criteria for registration, including provisions related to minimum entitlements, and whether the agreement was made in good faith and without coercion.

The Fair Work Commission examined the agreement in detail, focusing on the compliance of the terms with the statutory requirements. Notably, the Commission considered whether the agreement provided for terms and conditions that did not fall below the minimum standards set by the relevant industrial instruments and whether the agreement was made without undue influence or coercion. The Commission also assessed the process by which the agreement was negotiated to ensure it was conducted in good faith. After a thorough examination, the Commission concluded that the agreement satisfied all necessary conditions for approval.

The Fair Work Commission determined that the Gleeson Civil Engineering Pty Ltd Employee Collective Agreement 2014-2018 met all the requirements for registration. The Commission found that the agreement provided for terms and conditions that did not fall below the minimum standards and was made without undue influence. The process of negotiation was deemed to have been conducted in good faith, and the agreement was approved as a registered agreement. This decision ensures that the terms and conditions of employment for the employees of Gleeson Civil Engineering Pty Ltd are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established