Gray Street Holdings

[2014] FWCA 1063

FAIR WORK COMMISSION

DECISION

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

Gray Street Holdings
(AG2013/11814)

BOYDS BAY GROUP ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 FEBRUARY 2014

Application for approval of the Boyds Bay Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boyds Bay Group 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 Gray Street Holdings Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 5 February 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 February 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Gray Street Holdings and the Australian Building and Construction Commission. The dispute involved the application for approval of the Boyds Bay Group Enterprise Agreement 2013. The Fair Work Commission was the court that heard the case.

The legal issues the court had to decide were whether the enterprise agreement was genuinely agreed upon by the parties, if it was properly negotiated, and whether it complied with the Fair Work Act 2009. The court also had to consider if the agreement was in the best interests of the employees.

The court found that the enterprise agreement was genuinely agreed upon by the parties and that it was properly negotiated. The court determined that the agreement was in compliance with the Fair Work Act 2009 and was in the best interests of the employees. The court approved the enterprise agreement.

The court ordered that the Boyds Bay Group Enterprise Agreement 2013 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the approval and would govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established