Graffiti Clean Summary

[2014] FWCA 721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graffiti Clean
(AG2013/10144)

GRAFFITI CLEAN PTY LIMITED ENTERPRISE AGREEMENT 2013

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2014

Application for approval of the Graffiti Clean Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Graffiti Clean Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Graffiti Clean. 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 6 February 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Graffiti Clean Pty Limited applied to the Fair Work Commission for approval of the Graffiti Clean Pty Limited Enterprise Agreement 2013. The respondents, including various unions, opposed the application, asserting that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues the court had to resolve were whether the agreement complied with the statutory provisions regarding enterprise agreements and whether it was made in good faith and not coerced.

The court first examined the structure and content of the agreement to ensure it adhered to the formal requirements outlined in the Fair Work Act. This included verifying that the agreement contained all the necessary particulars and was appropriately certified. The court also assessed whether the agreement was made in good faith, considering the negotiation process and the behaviour of the parties. The unions argued that the process was flawed and that the agreement did not reflect genuine bargaining. The court meticulously reviewed the evidence provided by both parties to determine if the agreement was the product of fair and genuine negotiations.

After considering the evidence and arguments presented, the court found that the agreement met all statutory requirements and was made in good faith. The court was satisfied that the negotiation process was fair and that the agreement was not coerced. Consequently, the court approved the Graffiti Clean Pty Limited Enterprise Agreement 2013. The unions' objections were dismissed, and the application was granted.

Graffiti Clean

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established