DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grampians Excavations Pty Ltd T/A Grampians Excavations
(AG2019/4532)

GRAMPIANS EXCAVATIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Grampians Excavations Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Grampians Excavations Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grampians Excavations Pty Ltd T/A Grampians Excavations. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 18 December 2019 and, in accordance with s.54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 1 November 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved Grampians Excavations Pty Ltd, who sought approval for their Enterprise Agreement 2019. The application was brought under the Fair Work Act 2009, as the parties were unable to resolve the dispute through conciliation and arbitration processes. The primary issue was whether the agreement met the criteria for approval, including whether it contained the minimum terms and conditions as outlined in the Act.

The court examined whether the agreement contained all the required minimum terms, including those related to wages, hours of work, and other conditions of employment. Additionally, the court assessed whether the agreement was made in good faith and whether it allowed for proper consultation between the employer and employees. The court also considered whether the agreement complied with the public interest test, ensuring it did not unduly harm the public interest.

The court found that the Enterprise Agreement 2019 met all the necessary criteria for approval. It contained the requisite minimum terms and conditions, and the parties had engaged in good faith negotiations. The agreement also passed the public interest test, as it did not negatively impact the public interest. Consequently, the court approved the agreement, enabling it to take effect.

The final order of the court was to approve the Grampians Excavations Pty Ltd Enterprise Agreement 2019, allowing it to be binding on the parties from the date of the court's decision. This outcome provided certainty and stability to the employment relationship between Grampians Excavations Pty Ltd and its employees.

Grampians Excavations Pty Ltd T/A Grampians Excavations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established