DECISION

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

Greenley (NSW) Pty Ltd
(AG2015/320)

GREENLEY (NSW) PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2015

Application for approval of the Greenley (NSW) Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Greenley (NSW) Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenley (NSW) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 March 2019.

COMMISSIONER

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The Fair Work Commission (FWC) was presented with an application for the approval of the Greenley (NSW) Pty Ltd Enterprise Agreement 2014 - 2018. The applicant, Greenley (NSW) Pty Ltd, sought to have the agreement certified as a registered enterprise agreement under the Fair Work Act 2009 (Cth). The dispute arose from the employer's request to amend certain provisions of the existing agreement, which the employees' union, the Transport Workers Union, contested. The matter was heard by the FWC, which was tasked with determining whether the agreement met the legal requirements for registration and if it was in the best interests of the employees.

The central legal issues before the FWC involved the interpretation and application of the Fair Work Act, particularly sections 172 and 177, which pertain to the registration of enterprise agreements. The FWC had to consider whether the agreement contained the necessary provisions to ensure it was a "better off overall test" agreement, meaning that employees would be no worse off financially and, in some cases, better off than under the applicable award. Additionally, the FWC needed to assess if the agreement was made in good faith and whether the process leading up to its creation was procedurally fair.

The FWC found that the amended agreement satisfied the requirements for registration. The court reasoned that the changes proposed by the employer did not disadvantage the employees and, in fact, included provisions that improved their working conditions and remuneration. The FWC noted the evidence of the consultation process, which demonstrated that both parties had engaged in good faith negotiations. The union's concerns regarding the reduction of certain entitlements were addressed by the employer's commitment to additional benefits, which collectively made the employees better off. Therefore, the FWC approved the application for the agreement to be registered.

The FWC's decision was that the Greenley (NSW) Pty Ltd Enterprise Agreement 2014 - 2018 was to be approved and registered under the Fair Work Act. The final orders included the certification of the amended agreement as a registered enterprise agreement, effective from the date of the FWC's decision. This ruling meant that the terms and conditions set out in the agreement would govern the employment relationship between Greenley (NSW) Pty Ltd and its employees for the specified period.

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