DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamak Pty Ltd T/A Grampians Excavations
(AG2015/5549)

GRAMPIANS EXCAVATIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Grampians Excavations Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Grampians Excavations Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jamak Pty Ltd trading as Grampians Excavations. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jamak Pty Ltd, trading as Grampians Excavations, sought approval for the Grampians Excavations Pty Ltd Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under section 231 of the Fair Work Act, including whether it was a genuine enterprise agreement and whether it had been made in good faith. Additionally, the Commission considered whether the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment.

The Commission found that the proposed agreement was a genuine enterprise agreement made in good faith. It was noted that the agreement had been negotiated between the employer and the union, and that the union had provided a certificate of genuineness. The Commission also found that the agreement provided appropriate protections for employees, including minimum wage rates and leave entitlements. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the relevant provisions of the Fair Work Act.

In light of the above, the Fair Work Commission approved the Grampians Excavations Pty Ltd Enterprise Agreement 2015, subject to certain minor modifications. The modifications related to the calculation of overtime rates and the provision of paid parental leave. The Commission determined that these modifications were necessary to ensure compliance with the Fair Work Act and to provide appropriate protections for employees. The employer and the union were directed to implement the modified agreement and to provide a copy to the Commission within 28 days of the decision.

Jamak Pty Ltd T/A Grampians Excavations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established