DECISION

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

Glennos Constructions Pty Ltd
(AG2018/7274)

GLENNOS CONSTRUCTIONS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 APRIL 2019

Application for approval of the Glennos Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Glennos Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glennos Constructions 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 is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glennos Constructions Pty Ltd applied for the approval of the Glennos Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022. The dispute was heard in the Fair Work Commission, with Glennos Constructions Pty Ltd as the applicant and the Construction, Forestry, Maritime, Mining and Energy Union as the respondent. The matter centred on whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues that the Commission had to address included whether the agreement met the requirements for independent advice to be provided to employees, whether the agreement included all mandated terms and conditions, and whether the agreement had been negotiated in good faith. The Commission examined the process through which employees were provided with independent advice, scrutinised the contents of the agreement to ensure compliance with mandatory terms, and assessed whether the negotiation process was fair and free from any undue influence or coercion.

The Fair Work Commission determined that the application for approval should be granted. The Commission found that the process of providing independent advice to employees was conducted appropriately, and that all mandated terms and conditions were included in the agreement. Additionally, the Commission was satisfied that the negotiation process was fair and that the agreement was not subject to any undue influence or coercion. Consequently, the application for approval of the enterprise agreement was approved, and the agreement was registered under the Fair Work Act 2009.

The final orders of the Fair Work Commission included the registration of the Glennos Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022, effective from the date of the decision. The Commission also directed that the agreement be served on all relevant parties and that it be made available for inspection by employees and their representatives. The decision ensures that the enterprise agreement will govern the employment relationship between Glennos Constructions Pty Ltd and its employees for the specified period.

Glennos Constructions 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