DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kanji Property Group Pty Ltd T/A GCTHREE
(AG2019/872)

KANJI PROPERTY PTY LTD T/A GCTHREE SINGLE ENTERPRISE AGREEMENT 2018

Cleaning services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 1 AUGUST 2019

Application for approval of the Kanji Property Pty Ltd T/A GCTHREE Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kanji Property Pty Ltd T/A GCTHREE Single Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kanji Property Group Pty Ltd T/A GCTHREE (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 8 August 2019. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kanji Property Group Pty Ltd, trading as GCTHREE, applied to the Fair Work Commission for approval of the Kanji Property Pty Ltd T/A GCTHREE Single Enterprise Agreement 2018. The dispute arose due to the need for formal recognition and approval of the terms of the agreement, which were intended to govern the employment conditions of workers within the company. The Fair Work Commission was the court that heard and decided the matter.

The central legal issues for the Commission to decide were whether the proposed agreement met the statutory requirements for a single enterprise agreement, and whether it was fair and reasonable for the employees covered by the agreement. This involved assessing whether the agreement was negotiated in good faith, contained necessary provisions, and did not discriminate against any group of employees. Additionally, the Commission had to determine if the agreement complied with the Fair Work Act 2009.

In reaching its decision, the Commission considered the submissions and evidence presented by both parties. It examined the negotiation process, the terms of the agreement, and the provisions to ensure they were fair and reasonable. The Commission concluded that the agreement satisfied all the legal requirements and was fair and reasonable for the employees. The evidence presented did not reveal any issues that would warrant refusal of approval. Consequently, the Commission approved the agreement as a single enterprise agreement under the Fair Work Act.

The final orders of the Commission were to approve the Kanji Property Pty Ltd T/A GCTHREE Single Enterprise Agreement 2018 as a single enterprise agreement, effective from the date of the decision. This approval meant that the terms of the agreement would govern the employment conditions for the employees covered by it, subject to any relevant industrial instruments and individual contracts of employment.

Kanji Property Group Pty Ltd T/A GCTHREE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established