Grahamvale Pty Ltd

[2014] FWCA 6772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grahamvale Pty Ltd
(AG2014/7342)

GRAHAMVALE PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 SEPTEMBER 2014

Application for approval of the Grahamvale Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Grahamvale Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grahamvale Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 26 September 2014 and, in accordance with s.54, will operate from 3 October 2014. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Grahamvale Pty Ltd applied for the approval of the Grahamvale Pty Ltd Enterprise Agreement 2014, which was submitted by the employer and the Australian Manufacturing Workers' Union. The union represented a majority of the company's employees. The application centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved determining if the agreement was made in good faith, if it met the minimum entitlements outlined by the Act, and if it was appropriately certified by the union. Additionally, the Commission examined whether the agreement contained provisions that were not covered by the Fair Work Act, which would require the agreement to be reduced to writing and signed by the parties.

The Fair Work Commission found that the agreement was made in good faith and met the minimum entitlements under the Fair Work Act. It was also appropriately certified by the union. The Commission noted that certain provisions of the agreement, such as those concerning the payment of allowances and the calculation of penalty rates, were not covered by the Act and required the agreement to be reduced to writing and signed by the parties. However, the Commission was satisfied that these provisions were appropriately dealt with in the agreement.

The Fair Work Commission approved the Grahamvale Pty Ltd Enterprise Agreement 2014, subject to the condition that the parties reduce the agreement to writing and sign it. The Commission also directed the parties to provide a copy of the signed agreement to the Commission within 28 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established