Gradco Pty Ltd

[2013] FWCA 8579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gradco Pty Ltd
(AG2013/9342)

GRADCO PTY. LTD. CENTURY MINE PROJECT ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Gradco Pty. Ltd. Century Mine Project Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Gradco Pty. Ltd. Century Mine Project 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 a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking 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 undertaking 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 6 November 2013. The nominal expiry date of the Agreement is 20 August 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Gradco Pty Ltd, sought approval of the Gradco Pty. Ltd. Century Mine Project Enterprise Agreement 2013 from the Fair Work Commission. The applicants argued that the agreement had been fairly and genuinely negotiated and was in the interests of the employees. The Commission was required to consider whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to determine were whether the agreement had been genuinely negotiated and whether it contained minimum terms and conditions that were fair and reasonable. The Commission also needed to assess whether the agreement was in the interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the agreement had been genuinely negotiated and contained minimum terms and conditions that were fair and reasonable. The Commission determined that the agreement was in the interests of the employees and complied with the relevant provisions of the Fair Work Act. The Commission approved the Gradco Pty. Ltd. Century Mine Project Enterprise Agreement 2013.

The Commission's approval of the agreement was subject to the applicants providing a copy of the approved agreement to the Fair Work Ombudsman within five business days of the approval. The Commission also directed the applicants to take all reasonable steps to ensure that the agreement was brought to the attention of all relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established