Gregory Aylin Contracting Pty Ltd

[2013] FWCA 9411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gregory Aylin Contracting Pty Ltd
(AG2013/10810)

GREGORY AYLIN CONTRACTING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 NOVEMBER 2013

Application for approval of the Gregory Aylin Contracting Pty Ltd and Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Gregory Aylin Contracting Pty Ltd and Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] I had some concerns regarding the Application clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gregory Aylin Contracting Pty Ltd applied for the approval of the Gregory Aylin Contracting Pty Ltd and Employees Enterprise Agreement 2013-2015, which was submitted to the Fair Work Commission for consideration. The dispute involved whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions of employment, whether it ensured that employees' working conditions were not less favourable than those provided by the relevant award or registered agreement, and whether the agreement was made in good faith. Additionally, the Commission had to determine if the agreement had been appropriately certified and if it met the requirements for simplification and clarity as mandated by the Fair Work Act.

The Commission examined the contents of the enterprise agreement, finding that it included provisions for minimum terms and conditions, ensured that employees' working conditions were not less favourable than those provided by the relevant award or registered agreement, and was made in good faith. The agreement had also been appropriately certified by the relevant independent body. The Commission concluded that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Gregory Aylin Contracting Pty Ltd and Employees Enterprise Agreement 2013-2015, effective from the date of the decision. The agreement was to be registered and would govern the employment conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established