Gradco Pty Ltd

[2014] FWCA 2377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gradco Pty Ltd
(AG2013/11905)

GRADCO PTY. LTD. FIELD OPERATORS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 9 APRIL 2014

Application for approval of the Gradco Pty. Ltd. Field Operators Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Gradco Pty. Ltd. Field Operators Enterprise Agreement 2013 (the Agreement). The application was made by Gradco Pty. Ltd. pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 16 April 2014. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gradco Pty Ltd applied to the Fair Work Commission to approve the Gradco Pty Ltd Field Operators Enterprise Agreement 2013. The applicants were Gradco, the Oil and Gas Workers Union, and the Construction, Forestry, Maritime, Mining and Energy Union. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, it needed to be satisfied that the agreement was made in good faith and that it contained certain minimum terms and conditions.

The Commission considered the evidence and submissions from the parties, including the process by which the agreement was made and the extent to which it provided for the proper management and operation of the workplace. The Commission was satisfied that the agreement was made in good faith and that it contained the required minimum terms and conditions. It also found that the agreement provided for the proper management and operation of the workplace.

Accordingly, the Commission approved the agreement, subject to certain modifications. The applicants were directed to provide a copy of the approved agreement to the Registrar of the Fair Work Commission within five business days of the decision. The Commission also directed that the agreement would come into effect on the first day of the third month after the decision was made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established