Granite Peaks Future Holdings Pty Ltd Summary

[2014] FWCA 656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Granite Peaks Future Holdings Pty Ltd
(AG2014/18)

GRANITE PEAKS COLLECTIVE ENTERPRISE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 JANUARY 2014

Application for approval of the Granite Peaks Collective Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Granite Peaks Collective Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Granite Peaks Future 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 as are relevant to this application for approval have been met.

[3] My satisfaction as to ss.186 and 187 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 February 2014. The nominal expiry date of the Agreement is 28 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Granite Peaks Future Holdings Pty Ltd was heard in the Fair Work Commission. The dispute involved the approval of the Granite Peaks Collective Enterprise Agreement 2013, with the respondents seeking to have the agreement certified as a low-average-earnings certified agreement under section 237 of the Fair Work Act 2009. The respondents argued that the agreement was appropriate for certification as it provided for a single enterprise-wide classification for all employees, aimed at simplifying the award system and enhancing workplace flexibility.

The legal issues before the Commission centred on whether the agreement met the criteria for certification as a low-average-earnings certified agreement. This required the Commission to consider whether the agreement was appropriate for the circumstances of the enterprise and its employees. Key considerations included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it would lead to improved productivity and efficiency in the workplace.

The Commission found that the agreement met the criteria for certification. It determined that the agreement was appropriate for the circumstances of the enterprise and its employees, providing for a single enterprise-wide classification that would simplify the award system and enhance workplace flexibility. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and would lead to improved productivity and efficiency in the workplace. As a result, the Commission approved the agreement as a low-average-earnings certified agreement.

The final orders of the Commission were that the Granite Peaks Collective Enterprise Agreement 2013 be approved as a low-average-earnings certified agreement, effective from the date of the decision. The agreement was to apply to all employees of the respondent covered by the agreement, and would remain in force until it was varied or terminated in accordance with the Fair Work Act.

Granite Peaks Future Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established