Greencorp Pty Ltd

[2022] FWCA 3377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greencorp Pty Ltd

(AG2022/3815)

Greencorp Pty Ltd and United Workers’ Union Enterprise Agreement 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 SEPTEMBER 2022

Application for approval of the Greencorp Pty Ltd and United Workers’ Union Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement to be known as the Greencorp Pty Ltd and United Workers’ Union Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Greencorp Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 21 September 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 4 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greencorp Pty Ltd, together with the United Workers’ Union, sought approval for the Enterprise Agreement 2021-2024 from the Fair Work Commission. The application was made under the Fair Work Act 2009, as it sought to establish terms and conditions of employment for employees of Greencorp Pty Ltd. The dispute centred on whether the proposed agreement met the legal requirements for registration under the Act, including whether it provided for a fair and reasonable minimum terms of employment and whether it was consistent with the Fair Work Act's objectives.

The central legal issue was whether the enterprise agreement satisfied the requirements for registration as a modern award under the Fair Work Act. Specifically, the Commission had to determine if the agreement included minimum terms that were fair and reasonable and if it aligned with the broader objectives of the Fair Work Act, including ensuring that employees were not worse off and that the agreement did not undermine the industrial system. The Commission also needed to assess if any provisions in the agreement could be deemed inconsistent with the Act or the public interest.

The Fair Work Commission, after reviewing the submissions and evidence, determined that the proposed agreement did not meet the statutory requirements for approval. The Commission found that certain terms and conditions proposed in the agreement were not fair and reasonable and that they potentially undermined the objectives of the Fair Work Act. As a result, the Commission refused to approve the enterprise agreement. The decision was based on a thorough examination of the agreement's provisions, ensuring that it adhered to the legal standards set by the Fair Work Act.

No orders were made by the Commission as the application for approval was dismissed. The refusal of approval meant that the proposed agreement would not be registered, and employees would continue to be governed by the applicable modern award until a compliant agreement could be negotiated and approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established