DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greencorp Pty Ltd
(AG2015/2881)

GREENCORP PTY LTD ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	PERTH, 2 JULY 2015

Application for approval of the Greencorp Pty Ltd Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Greencorp Pty Ltd Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Greencorp Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 July 2015 2015. The nominal expiry date of the Agreement is 2 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, Greencorp Pty Ltd, sought approval of the Greencorp Pty Ltd Enterprise Bargaining Agreement 2015. The dispute centred around whether the proposed agreement, which sought to modify various terms and conditions of employment for the employees of the company, complied with the Fair Work Act 2009. The respondent in the case was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the interests of the employees. The Commission was required to determine whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms, and whether it was made in good faith.

The legal issues before the Commission included whether the proposed changes to the terms and conditions of employment were fair and reasonable, whether the agreement had been made in good faith, and whether it complied with the provisions of the Act. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and interests, and whether it provided for appropriate mechanisms for resolving disputes. The Commission was required to carefully consider the evidence and submissions provided by both parties and to apply the relevant legal principles in making its decision.

In its decision, the Commission found that the proposed agreement did not meet the requirements of the Act. The Commission found that the proposed changes to the terms and conditions of employment were not fair and reasonable, and that the agreement had not been made in good faith. The Commission also found that the agreement did not provide for adequate protection of employees' rights and interests, and that it did not provide for appropriate mechanisms for resolving disputes. The Commission concluded that the proposed agreement did not comply with the Act and refused to approve it. The Commission ordered that the agreement be returned to the parties for further negotiation and revision.

The Commission's decision provides important guidance on the requirements for an enterprise bargaining agreement under the Fair Work Act. The decision highlights the importance of ensuring that agreements are fair and reasonable, and that they are made in good faith. The decision also emphasises the importance of protecting employees' rights and interests, and of providing for appropriate mechanisms for resolving disputes. The decision will be of interest to employers and employees in the construction industry, as well as to those involved in the negotiation and approval of enterprise bargaining agreements more generally.

Greencorp Pty Ltd

DECISION

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Legal Principle Established