DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grove (Aust) Pty Ltd
(AG2019/2753)

GROVE (AUST) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Grove (Aust) Pty Ltd Enterprise Agreement 2019.

[1] Grove (Aust) Pty Ltd has applied for approval of a single enterprise agreement known as the Grove (Aust) Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether the pre-approval steps were met. Further information was provided in relation to the concerns.

[3] Noting clause 5 of the Agreement, the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[5] The Agreement was approved on 19 September 2019 and, in accordance with s.54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 19 September 2023.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Grove (Aust) Pty Ltd, sought approval of an enterprise agreement, Grove (Aust) Pty Ltd Enterprise Agreement 2019, with its employees. The Fair Work Commission heard the application and had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement contained all the minimum terms and conditions mandated by the Fair Work Act, including the minimum rates of pay and conditions for the employees. Additionally, the Commission had to consider whether the agreement facilitated, encouraged, and promoted the improvement of workplace relations by providing for the effective resolution of workplace disputes.

The Fair Work Commission approved the agreement, finding that it contained all the required minimum terms and conditions. The Commission also noted that the agreement included provisions for the resolution of workplace disputes and the promotion of workplace relations. The Commission was satisfied that the agreement met the statutory requirements and would facilitate the improvement of workplace relations.

The Fair Work Commission approved the Grove (Aust) Pty Ltd Enterprise Agreement 2019.

Grove (Aust) Pty Ltd

DECISION

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Background to the litigation

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