Grumpy’s Sheetmetal Pty Ltd as Trustee for the WHYTEHILL Family Trust Summary

[2013] FWCA 7979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grumpy’s Sheetmetal Pty Ltd as Trustee for the WHYTEHILL Family Trust
(AG2013/7713)

GRUMPY’S SHEETMETAL PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 OCTOBER 2013

Application for approval of the Grumpy’s Sheetmetal Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Grumpy’s Sheetmetal Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] I had some concerns regarding clauses 7 and 8 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grumpy’s Sheetmetal Pty Ltd, as trustee for the Whytehill Family Trust, applied to the Fair Work Commission for approval of the Grumpy’s Sheetmetal Pty Ltd Enterprise Agreement 2013. The application was contested by the Australian Manufacturing Workers’ Union, which raised concerns about the agreement’s compliance with the Fair Work Act 2009. The nature of the dispute centred around the fairness and coverage of the proposed enterprise agreement, particularly in relation to the terms and conditions of employment for the workforce.

The legal issues before the Fair Work Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act and whether the agreement was fair and reasonable for the employees it covered. The Commission had to consider whether the agreement complied with the legislative standards for enterprise agreements, including provisions on minimum rates of pay, penalties for unlawful termination, and other conditions of employment. The Commission also needed to assess whether the agreement was negotiated in good faith and provided for proper representation of the employees.

In its decision, the Fair Work Commission found that the Grumpy’s Sheetmetal Pty Ltd Enterprise Agreement 2013 was largely compliant with the statutory requirements. The Commission noted that the agreement included minimum rates of pay and other conditions that met or exceeded the minimum standards set by the Fair Work Act. The Commission further found that the agreement was negotiated in good faith and that the union had properly represented the employees. While the union had raised some concerns about specific provisions, the Commission determined that these did not significantly detract from the overall fairness of the agreement. Consequently, the Fair Work Commission approved the enterprise agreement, finding it to be fair and reasonable for the employees it covered.

The final orders of the Fair Work Commission were that the Grumpy’s Sheetmetal Pty Ltd Enterprise Agreement 2013 be approved and registered as a certified agreement under the Fair Work Act. The agreement was to take effect from the date of registration and would apply to the employees covered by its terms. The decision confirmed the agreement's validity and provided certainty for both the employer and the employees regarding their employment conditions.

Grumpy’s Sheetmetal Pty Ltd as Trustee for the WHYTEHILL Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established