Greyton Australia Pty Ltd

[2018] FWCA 4885

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Greyton Australia Pty Ltd

(AG2018/2181)

Greyton Australia Pty Ltd Enterprise Agreement 2018-2022

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 17 AUGUST 2018

Application for approval of the Greyton Australia Pty Ltd Enterprise Agreement 2018-2022.

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

Written undertakings have been given in accordance with s.190. 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 16 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greyton Australia Pty Ltd recently had its Enterprise Agreement 2018-2022 approved by the Fair Work Commission. The application for approval was made by Greyton Australia Pty Ltd, the employer, and the Retail and Fast Food Workers Union, the employee representative. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was heard by the Commission at the Melbourne registry.

The primary legal issue was whether the agreement provided for the fair and reasonable terms and conditions of employment, including pay and conditions, as required by section 235 of the Fair Work Act. The Commission also had to consider if the agreement allowed for the free and voluntary expression of the parties' bargaining interests, as mandated by section 231 of the Act. The employer and the union had to demonstrate that the agreement was made in good faith and without coercion, ensuring that it met the standards set by the Act.

The Fair Work Commission, in its decision, thoroughly examined the terms and conditions outlined in the agreement. The Commission found that the agreement was fair and reasonable, providing for appropriate pay and conditions that met the statutory requirements. The Commission was satisfied that the agreement was made without coercion and allowed for the free and voluntary expression of the parties' bargaining interests. The Commission approved the agreement, emphasising that it complied with the provisions of the Fair Work Act.

In conclusion, the Fair Work Commission approved the Greyton Australia Pty Ltd Enterprise Agreement 2018-2022, recognising that it met all the legal criteria for approval under the Fair Work Act 2009. The agreement was deemed fair and reasonable, and it allowed for the free and voluntary expression of the parties' bargaining interests. The Commission's decision ensured that the agreement would provide the necessary protections and terms for the employees while also respecting the employer's rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established