DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenform Group Pty Ltd
(AG2016/4071)

GREENFORM GROUP PTY LTD ENTERPRISE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Greenform Group Pty Ltd Enterprise Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Greenform Group Pty Ltd Enterprise Agreement 2016 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenform Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 5 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Greenform Group Pty Ltd was heard to determine the approval of the Enterprise Agreement 2016 - 2017. The applicant, Greenform Group Pty Ltd, sought approval of the enterprise agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been made in good faith, if it covered the prescribed matters, and if it provided for a fair and efficient workplace. A critical aspect was the adequacy of the agreement in terms of the balance of power between the employer and the union, and whether it contained appropriate mechanisms for dispute resolution. The Commission had to consider whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off under the new agreement than under their previous conditions.

The Fair Work Commission found that the agreement was made in good faith and covered all prescribed matters. The Commission acknowledged the balance of power between the parties was fair and that the agreement provided for an efficient workplace. It was determined that the agreement met the better off overall test as it offered employees improved terms and conditions, while also providing the employer with flexibility in managing their workforce. The dispute resolution mechanisms were deemed appropriate and sufficient for the needs of the workplace. Based on these findings, the Commission approved the Enterprise Agreement 2016 - 2017.

The final orders of the Commission were that the Greenform Group Pty Ltd Enterprise Agreement 2016 - 2017 be approved, with the effective date of approval being the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the specified period.

Greenform Group 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