DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grizzly Engineering Pty Ltd
(AG2018/5289)

GRIZZLY ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2018 (V2)

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Grizzly Engineering Pty Ltd Enterprise Agreement 2018 (V2)

[1] An application has been made for approval of an enterprise agreement known as the Grizzly Engineering Pty Ltd Enterprise Agreement 2018 (V2) (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Grizzly Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The employer did not request employees to approve the agreement at least 21 after the day on which the last notice of employee representational rights was given to relevant employees, as required by s181(2) of the Act. Rather, the approval request came 20 days after the last notice was given. However, I am satisfied that in the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 8 February 2019 and, in accordance with s 54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 11 February 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grizzly Engineering Pty Ltd applied to the Fair Work Commission for approval of the Grizzly Engineering Pty Ltd Enterprise Agreement 2018 (V2). The company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, had reached an agreement, which was now subject to the Commission's scrutiny to ensure it complied with the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for enterprise agreements under the Act, including whether it complied with the good faith bargaining provisions, and if it provided for fair and reasonable terms and conditions.

The Commission examined the negotiation process and found that the agreement was the result of good faith bargaining. It noted that the parties had engaged in a genuine process of negotiation, with each side making concessions and compromises. The Commission also considered the terms of the agreement, including pay rates, conditions of employment, and dispute resolution mechanisms. It found that the agreement provided for fair and reasonable terms and conditions, taking into account the parties' respective bargaining positions and the industry context. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The court's decision highlights the importance of good faith bargaining and the need for enterprise agreements to provide for fair and reasonable terms and conditions. The court's approval of the agreement sends a positive message to employers and employees about the potential benefits of negotiating and reaching a mutually agreed-upon enterprise agreement. The final orders of the Commission included the approval of the agreement, subject to certain modifications, and the registration of the agreement on the Register of Approved Agreements.

Grizzly Engineering 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