DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenform Group Pty Ltd
(AG2018/6456)

GREENFORM GROUP PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 APRIL 2019

Application for approval of the Greenform Group Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Greenform Group Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Greenform Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 10 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Greenform Group Pty Ltd, an employer, applied for approval of the Enterprise Agreement 2018-2022. The agreement was made between the employer and its employees, represented by the Retail and Fast Food Workers Union. The dispute concerned the terms and conditions of employment, wages, and other workplace provisions outlined in the agreement. The Commission had to decide whether the agreement met the requirements of the Fair Work Act 2009, including fairness and benefit tests.

The central legal issues revolved around whether the agreement was made in good faith, whether it provided a fair and beneficial outcome for the employees, and whether it complied with all relevant provisions of the Fair Work Act. Additionally, the Commission considered whether the agreement adequately addressed the needs and interests of both parties, particularly focusing on wage increases, working conditions, and other employment terms. The employer argued that the agreement was fair and beneficial, while the union contended that certain provisions did not adequately reflect the employees' interests.

The Commission, after reviewing submissions and evidence from both parties, determined that the agreement was made in good faith and provided a fair and beneficial outcome for the employees. The Commission found that the wage increases, working conditions, and other terms were reasonable and met the requirements of the Fair Work Act. The agreement was therefore deemed to comply with all necessary provisions and was approved. The Commission's decision was based on a comprehensive assessment of the evidence and submissions presented, ensuring that the agreement balanced the interests of both the employer and the employees.

The final orders included the approval of the Enterprise Agreement 2018-2022, which would now govern the terms and conditions of employment between Greenform Group Pty Ltd and its employees until the agreement's expiration in 2022. The decision underscored the importance of good faith negotiations and fair outcomes in enterprise agreements, setting a precedent for similar cases in the future.

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