Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (as a single employer)

[2024] FWCA 4413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (as a single employer)

(AG2024/4580)

GRAMWEAV HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2024

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (the Employer) have made an application as a single employer, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Gramweav Holdings Pty Ltd Enterprise Agreement 2024 (the Agreement).

Clause 8 of the Agreement states that the employer may engage apprentices and states that an Apprentice engaged under the Agreement will be entitled to the same benefits as daily hire employees, excluding notice of termination and redundancy. However, the Agreement is silent on several entitlements provided for in clause 14 of the Building and Construction General On-Site Award 2020 (Award), including training attended to be treated as work time and apprentices not working overtime unsupervised or involuntarily. The Employer has providing an undertaking to resolve this issue.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 10 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (as a single employer) were before the Fair Work Commission to seek approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2024. The applicant, Gramweav Holdings Pty Ltd, sought to establish a new enterprise agreement governing the employment terms and conditions of its employees, as represented by the respondent, Synergy Construct Australia Pty Ltd. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly concerning the minimum terms and conditions it must contain. The Commission needed to determine if the agreement met the legal standards for approval, including whether it provided for a minimum rate of pay, addressed hours of work, and ensured compliance with any applicable modern awards. Additionally, the Commission considered if the agreement was made in good faith and whether it adhered to procedural requirements such as notice provisions and the minimum period for employee consultation.

The Fair Work Commission found that the proposed enterprise agreement met all statutory requirements for approval. The agreement included provisions for a minimum rate of pay, specified hours of work, and referenced relevant modern awards. The Commission noted that the agreement was made in good faith and that all procedural requirements had been satisfied, including adequate notice to employees and sufficient consultation periods. Consequently, the Commission approved the Gramweav Holdings Pty Ltd Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established