Horn Graders Pty Ltd Summary

[2014] FWCA 6119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Horn Graders Pty Ltd
(AG2014/8733)

HORN GRADERS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 SEPTEMBER 2014

Application for approval of the Horn Graders Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 August 2014 by Horn Graders Pty Ltd for the approval of a single-enterprise agreement known as the Horn Graders Pty Ltd Enterprise Agreement 2014 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Horn Graders Pty Ltd sought approval of an enterprise agreement entered into with its employees. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The company argued that the agreement was in the best interests of its employees, while the union contended that it did not adequately protect employee rights.

The FWC needed to decide whether the agreement contained genuine terms of employment, whether it was made in good faith, and if it was in the best interests of the employees. The court also had to assess whether the agreement met the minimum entitlements set out in the Fair Work Act. Additionally, the FWC had to consider any relevant matters that might impact the agreement's approval.

The FWC found that the agreement contained genuine terms of employment and was made in good faith. The FWC determined that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions. The agreement also met the minimum entitlements required by the Fair Work Act. Consequently, the FWC approved the Horn Graders Pty Ltd Enterprise Agreement 2014. The FWC ordered that the agreement be registered and that it would be binding on the parties from the date of registration.

Horn Graders Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established