GRL Operations Pty Limited Summary

[2013] FWCA 9608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GRL Operations Pty Limited
(AG2013/11667)

GRL OPERATIONS PTY LIMITED AWU ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 9 DECEMBER 2013

Application for approval of the GRL Operations Pty Limited AWU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GRL Operations Pty Limited AWU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GRL Operations Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 5 December 2013 an undertaking was provided by the Company’s Commercial Director and Company Secretary, Mr H Warman, in relation to 31 (Dispute Resolution Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205 of the Act the model consultation term is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GRL Operations Pty Limited applied to the Fair Work Commission for approval of the GRL Operations Pty Limited AWU Enterprise Agreement 2013. The applicant, GRL Operations, is an employer, and the Australian Workers' Union (AWU) is the relevant trade union. The dispute revolves around the terms and conditions of employment for employees covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval, including provisions for employee rights, workplace relations, and procedural fairness.

The legal issues before the court involved the compliance of the enterprise agreement with the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was made in good faith and whether it provided for fair terms and conditions of employment. The applicant argued that the agreement was fair and met all statutory requirements, while the AWU contended that certain provisions were not in the best interest of the employees. The court also had to consider the procedural fairness of the agreement-making process, ensuring that employees had an opportunity to be heard.

The Fair Work Commission found that the agreement substantially complied with the relevant provisions of the Fair Work Act. The court determined that the agreement was made in good faith and that it provided for fair terms and conditions of employment. The procedural fairness of the agreement-making process was deemed satisfactory, as employees had been adequately consulted and provided an opportunity to voice their opinions. Consequently, the court approved the GRL Operations Pty Limited AWU Enterprise Agreement 2013, finding it to be fair and reasonable.

In summary, the Fair Work Commission approved the enterprise agreement, acknowledging its compliance with the Fair Work Act and the fair treatment of employees. The decision highlights the importance of good faith negotiations and procedural fairness in the agreement-making process. The approval of the agreement signifies a resolution to the dispute, ensuring that the terms and conditions of employment are legally sound and beneficial for both the employer and the employees.

GRL Operations Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established