DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenstar Building Automation Pty Ltd
(AG2016/7177)

GREENSTAR BUILDING AUTOMATION PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Greenstar Building Automation Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Greenstar Building Automation Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenstar Building Automation 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 30 January 2017. The nominal expiry date of the Agreement is 22 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Greenstar Building Automation Pty Ltd sought approval of the Greenstar Building Automation Pty Ltd Single Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement failed to adequately protect employees' rights and conditions. The CFMEU contended that the agreement did not sufficiently address key issues such as minimum wages, penalty rates, and dispute resolution mechanisms. The matter required the Commission to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The Commission was required to assess whether the agreement met the formal requirements for approval and whether it provided for the minimum entitlements set out in the National Employment Standards. Additionally, the Commission had to consider whether the agreement was free from any coercion or undue influence and whether it promoted harmonious, productive, and cooperative workplace relations. The key legal issue was whether the agreement provided fair and reasonable terms and conditions for employees, while also allowing for efficient and productive business operations for the employer.

The Commission found that the agreement met all the formal requirements for approval and provided for the minimum entitlements. It noted that the agreement contained provisions for minimum wages and penalty rates, as well as clear dispute resolution mechanisms. The Commission also found that the agreement was free from any coercion or undue influence and promoted harmonious, productive, and cooperative workplace relations. The Commission concluded that the agreement was fair and reasonable, providing adequate protection for employees' rights and conditions while also allowing for efficient and productive business operations for the employer.

The Commission approved the Greenstar Building Automation Pty Ltd Single Enterprise Agreement 2016, with the approval to take effect from the date of the decision. The Commission's decision provides clarity for both employers and employees in the building automation industry and sets a benchmark for future agreements in the sector.

Greenstar Building Automation 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