DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd T/A Synergy Construct
(AG2019/2896)

GRAMWEAV HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gramweav Holdings 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 Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd T/A Synergy Construct. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 8, 21, 22, 23, 24, 38 are inconsistent with the National Employment Standards (NES) as the clauses provide content not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 1.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 5 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd, trading as Synergy Construct, were the parties involved in this matter before the Fair Work Commission. The dispute centred around the application for the approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2019. The central legal issues revolved around the fairness and compliance of the agreement with relevant legislative requirements, specifically under the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for being considered a "modern award" and whether it provided for fair and reasonable terms and conditions of employment.

In addressing these issues, the Commission examined the process by which the agreement was negotiated and the extent to which it provided for the employees' terms and conditions. It was crucial to verify that the agreement contained all the mandated terms and conditions as required by the Fair Work Act. Additionally, the Commission assessed whether the agreement fairly reflected the needs of both the employer and the employees. It needed to be demonstrated that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the Gramweav Holdings Pty Ltd Enterprise Agreement 2019 was compliant with the legislative requirements and was a genuine modern award. The Commission concluded that the agreement was fair and reasonable, having been negotiated in good faith and reflecting the needs of both the employer and the employees. The Commission noted that the agreement provided for all mandated terms and conditions and allowed for an appropriate level of flexibility in the workplace. Consequently, the application for the approval of the agreement was successful, and the agreement was duly approved.

In its decision, the Fair Work Commission approved the Gramweav Holdings Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission and the necessary steps being taken to inform all relevant employees of the terms of the approved agreement.

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd T/A Synergy Construct

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established