DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ground Hog Earthmoving (SA) Pty Ltd T/A Ground Hog Earthmoving
(AG2016/4600)

GROUND HOG COLLECTIVE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Ground Hog Collective Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ground Hog Collective Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ground Hog Earthmoving (SA) Pty Ltd T/A Ground Hog Earthmoving. 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 26 September 2016. The nominal expiry date of the Agreement is 25 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Ground Hog Earthmoving (SA) Pty Ltd, trading as Ground Hog Earthmoving, the Fair Work Commission was called upon to decide on the approval of the Ground Hog Collective Agreement 2016-2020. The applicant, Ground Hog Earthmoving, sought the Commission's approval for the agreement, which was proposed between the company and the relevant trade union. The legal issues at the heart of this case revolved around whether the collective agreement met the necessary standards and requirements under the Fair Work Act 2009, including compliance with the modern awards and ensuring that the agreement was not contrary to public interest.

The Commission meticulously examined the proposed agreement, taking into account various factors such as wage rates, working conditions, and other terms and conditions. The analysis was thorough, ensuring that the agreement provided fair and reasonable terms for both the employees and the employer. The Commission also considered whether the agreement promoted a productive and harmonious workplace environment. After careful deliberation, the Commission found that the Ground Hog Collective Agreement 2016-2020 complied with the relevant provisions of the Fair Work Act and was not contrary to the public interest. As a result, the Commission approved the agreement, allowing it to come into effect.

The approval of the Ground Hog Collective Agreement 2016-2020 by the Fair Work Commission sets a precedent for future negotiations and agreements in the industry. The decision demonstrates the importance of adhering to the Fair Work Act and the need for collective agreements to provide fair and reasonable terms for all parties involved. Furthermore, the approval highlights the role of the Commission in overseeing and approving collective agreements to ensure that they meet the necessary standards and requirements. In this case, the Commission's decision to approve the agreement will likely influence future negotiations and agreements in the industry, promoting a more balanced and fair working environment for employees and employers alike.

Ground Hog Earthmoving (SA) Pty Ltd T/A Ground Hog Earthmoving

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established