DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenlook Pty Limited
(AG2020/591)

GLENLOOK PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 27 MARCH 2020

Application for approval of the Glenlook Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Glenlook Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Glenlook Pty Limited. 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 3 April 2020. The nominal expiry date of the Agreement is 26 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507606 PR717912>
Annexure A

CaseChat Overview and Summary

Glenlook Pty Limited was the subject of an application to the Fair Work Commission to approve the Glenlook Pty Ltd Single Enterprise Agreement 2020. The applicant, Glenlook Pty Limited, sought to have the agreement recognised as a single enterprise agreement, while the respondents, various employees and unions, contested the application on the basis that the agreement did not meet certain statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legal standards to be approved as a single enterprise agreement.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, particularly sections concerning the establishment, content, and approval of single enterprise agreements. The court had to examine whether the agreement was genuinely a single enterprise agreement, whether it had been appropriately negotiated, and whether it contained all the required terms and conditions as mandated by the Act. Additionally, the court needed to consider whether the agreement met the procedural requirements, including the notification and consultation processes with the relevant employee representatives.

In deliberating on these issues, the Commission evaluated the evidence presented by both parties. It concluded that the agreement met the statutory requirements for a single enterprise agreement. The Commission found that the agreement was genuinely a single enterprise agreement, had been appropriately negotiated, and contained all necessary terms and conditions. The procedural requirements were also satisfied, with adequate notification and consultation processes having been followed. Therefore, the application was approved, and the Glenlook Pty Ltd Single Enterprise Agreement 2020 was recognised as a valid agreement under the Fair Work Act 2009.

Glenlook Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established