DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenmore Civil Concrete (NSW) Pty Ltd
(AG2016/834)

GLENMORE CIVIL CONCRETE ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Glenmore Civil Concrete Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Glenmore Civil Concrete Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenmore Civil Concrete (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 4 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by Glenmore Civil Concrete (NSW) Pty Ltd for the approval of the Glenmore Civil Concrete Enterprise Agreement 2016 - 2020. The application was brought before the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the legal requirements for approval, including fairness, simplicity, and whether it was made in good faith.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether the agreement was made in good faith, and whether the agreement contained terms that were fair and reasonable. The Commission also had to consider whether the agreement was simple, direct, and easy to understand, and whether it complied with any relevant minimum standards under the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely a product of bargaining and was made in good faith. The Commission was satisfied that the agreement contained terms that were fair and reasonable and that the agreement complied with the requirements of the Fair Work Act. The Commission noted that the agreement was simple, direct, and easy to understand, and that it contained provisions that were consistent with relevant minimum standards. The Commission approved the Glenmore Civil Concrete Enterprise Agreement 2016 - 2020, subject to the usual conditions of approval.

The Fair Work Commission approved the enterprise agreement, finding that it complied with the legal requirements for approval. The Commission noted that the agreement was a genuine product of bargaining and was made in good faith. The Commission was satisfied that the agreement contained terms that were fair and reasonable and that it complied with relevant minimum standards. The agreement was approved subject to the usual conditions of approval, which included the requirement for the parties to notify the Commission of any changes to the agreement.

Glenmore Civil Concrete (NSW) 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