Gray Street Holdings Pty Ltd

[2014] FWCA 2932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gray Street Holdings Pty Ltd
(AG2014/4000)

BOYDS BAY ENVIRONMENTAL SERVICES ENTERPRISE AGREEMENT 2014

Commonwealth employment
VICE PRESIDENT LAWLER	SYDNEY, 5 MAY 2014

Application for approval of the Boyds Bay Environmental Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boyds Bay Environmental Services Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gray Street Holdings Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Gray Street Holdings Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2014. The nominal expiry date of the Agreement is 11 May 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Gray Street Holdings Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing employees in the waste management industry. The dispute centred on the application for approval of the Boyds Bay Environmental Services Enterprise Agreement 2014. The Commission was required to determine whether the agreement met the legal criteria for approval, including compliance with the Fair Work Act 2009 and fairness to the employees.

The primary legal issues before the Commission were whether the agreement adequately covered the necessary terms and conditions of employment and whether it was made in accordance with the procedural requirements of the Act. The Commission also had to assess the fairness of the agreement, considering the potential impact on the employees and the balance of bargaining power between the parties. In examining the fairness of the agreement, the Commission considered whether it provided for equitable terms and conditions of employment, including pay, leave entitlements, and other conditions.

The Commission found that the agreement satisfied the legal criteria for approval. It was concluded that the agreement was made in good faith and that the necessary procedural requirements were met. The Commission determined that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment. The Commission emphasised the importance of ensuring that employees in the waste management industry received fair and equitable treatment in their employment agreements. The Commission approved the Boyds Bay Environmental Services Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009 and its fairness to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established