DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Greenley (NSW) Pty Ltd
(AG2019/2010)

GREENLEY (NSW) PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 22 JULY 2019

Application for approval of the Greenley (NSW) Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Greenley (NSW) Pty Ltd (Greenley) for approval of the Greenley (NSW) Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to Greenley on 4 July 2019, raising concerns in relation to pay rates provided for Junior Apprentices under the Agreement. In response to such, Greenley provided signed undertakings addressing these concerns. The signed undertakings were supported by a signed statement of the relevant bargaining representatives, providing their consent to the undertakings as drafted.

[3] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[4] It is also noted that clause 9.6.4 of the Agreement is more restrictive in relation to personal leave than provided for under the Act and the National Employment Standards (NES). I rely here on the NES precedence clause at clause 3.4.5 of the Agreement.

[5] Subject to the undertakings provided, and the matter raised at paragraph [4], 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 21 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The applicant, Greenley (NSW) Pty Ltd, sought approval of the Enterprise Agreement 2019-2023 in the Fair Work Commission. The respondents, represented by the Transport Workers Union of Australia, contested the application, asserting that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the Enterprise Agreement complied with the mandatory provisions of the Act and whether it was fairly negotiated.

The Commission examined the provisions of the agreement, focusing on whether they met the criteria for "better off overall and in the round" (BOOT) as required by the Act. The respondents argued that certain provisions, including those relating to wages, entitlements, and working conditions, did not adequately reflect the bargaining power of the parties and were not fairly negotiated. The applicant, on the other hand, contended that the agreement was a genuine outcome of collective bargaining and provided reasonable terms and conditions for its employees.

After reviewing the submissions and evidence from both parties, the Commission determined that the Enterprise Agreement met the legal standards for approval. The Commission found that the agreement contained provisions that were fair and reasonable, and that the parties had genuinely negotiated the terms. Consequently, the application for approval was successful. The Commission certified the Enterprise Agreement, recognising its validity and enforceability under the Act.

Greenley (NSW) 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