DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greencorp Pty Ltd
(AG2019/3079)

GREENCORP PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Greencorp Pty Ltd Enterprise Agreement 2019

[1] Greencorp Pty Ltd has made an application for approval of an enterprise agreement known as the Greencorp Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not issued in the prescribed form, being on company letter head and in the form of a memorandum to staff. 1 However, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 30 September 2019 and, in accordance with s 54, will operate from 7 October 2019. The nominal expiry date of the Agreement is 4 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

2 [2019] FWCFB 318

CaseChat Overview and Summary

The case before the court involved Greencorp Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Greencorp Pty Ltd Enterprise Agreement 2019. The matter was heard in the Fair Work Commission. The primary issue the court needed to address was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to consider if the agreement provided for minimum terms and conditions of employment, and if it was free from any invalid provisions.

The court examined the terms of the agreement and the process by which it was negotiated and agreed upon. It was important to determine whether the agreement had been genuinely negotiated between the employer and the employees and whether it complied with the legal standards set out in the Fair Work Act. The court also assessed the procedural fairness of the negotiation process and the content of the agreement itself. The decision turned on whether the agreement was a bona fide enterprise agreement and if it satisfied the statutory criteria for approval.

After careful consideration of the evidence and arguments presented, the court found that the Greencorp Pty Ltd Enterprise Agreement 2019 met all the necessary legal requirements. The agreement was deemed to have been genuinely negotiated and provided for the minimum terms and conditions of employment as required by the Fair Work Act. Consequently, the court approved the agreement. The court's reasoning was based on the comprehensive evidence of a fair negotiation process and the compliance of the agreement with statutory standards.

The final order was that the Greencorp Pty Ltd Enterprise Agreement 2019 be approved as it met all the criteria under the Fair Work Act. The agreement was certified and would now govern the terms and conditions of employment for the employees of Greencorp Pty Ltd.

Greencorp 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