DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gramweav Holdings Pty Ltd
(AG2015/2205)

GRAMWEAV HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 APRIL 2015

Application for approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gramweav Holdings Pty Ltd Enterprise Agreement 2015 (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. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 10 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

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CaseChat Overview and Summary

Gramweav Holdings Pty Ltd was the subject of an application for approval of an enterprise agreement, the Gramweav Holdings Pty Ltd Enterprise Agreement 2015, before the Fair Work Commission. The application was brought by the company, and the dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity and appropriateness of the agreement as it pertained to the employees of Gramweav Holdings Pty Ltd.

The legal issues before the Commission involved assessing whether the enterprise agreement was genuinely bargained, free from coercion, and covered the required procedural elements. Key points included the process by which the agreement was negotiated, whether all relevant employee representatives had been consulted, and if the agreement contained mandatory terms as stipulated by the Act. Additionally, the Commission had to consider if the agreement complied with the Fair Work Act’s requirements concerning employees' rights and obligations.

The Fair Work Commission examined the evidence and submissions provided by both parties. It found that the agreement was genuinely negotiated and free from any improper influence or coercion. The Commission was satisfied that all necessary procedural requirements were met, and the agreement contained the mandatory terms required by the Act. Consequently, the Commission approved the Gramweav Holdings Pty Ltd Enterprise Agreement 2015, deeming it to be compliant with the statutory requirements.

Following the approval, the Fair Work Commission issued its orders formalising the approval of the enterprise agreement. The agreement was to be registered and would come into effect from the date of the Commission's decision, binding both the company and its employees. This decision concluded the application and established the terms and conditions of employment as outlined in the approved agreement.

Gramweav Holdings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established