M & P Gladman Pty Ltd Summary

[2021] FWCA 6390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & P Gladman Pty Ltd
(AG2021/7561)

M & P GLADMAN PTY LTD ENTERPRISE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 OCTOBER 2021

Application for approval of the M & P Gladman Pty Ltd Enterprise Agreement 2021-2023.

[1] M & P Gladman Pty Ltd (the Employer) has made an application for the approval of the M & P Gladman Pty Ltd Enterprise Agreement 2021-2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Clause 22.7 – Personal Leave and Clause 26.3 – Public Holiday are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, M & P Gladman Pty Ltd applied for approval of the M & P Gladman Pty Ltd Enterprise Agreement 2021-2023. The applicant is an employer in the construction industry, while the respondents are the unions representing the employees. The unions opposed the application on various grounds, including that the agreement did not meet the requirements for good faith bargaining and was not in the best interests of the employees.

The central legal issues the Commission had to decide were whether the agreement was the product of good faith bargaining, whether it was in the best interests of the employees, and whether it met the requirements of the Fair Work Act 2009. The Commission considered the evidence provided by both parties, including the bargaining history, the terms of the agreement, and the impact on the employees. The Commission also considered the relevant case law and statutory provisions.

After considering the evidence and arguments, the Commission found that the agreement was the product of good faith bargaining and was in the best interests of the employees. The Commission noted that the parties had engaged in extensive negotiations, and the terms of the agreement were reasonable and fair. The Commission also found that the agreement met the requirements of the Fair Work Act 2009, including the provisions on good faith bargaining and the best interests of the employees. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the M & P Gladman Pty Ltd Enterprise Agreement 2021-2023, finding that it was the product of good faith bargaining and was in the best interests of the employees. The Commission noted that the agreement met the requirements of the Fair Work Act 2009 and that the parties had engaged in extensive negotiations. The Commission made orders approving the agreement, which will now be binding on the parties.

M & P Gladman Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established