[2014] FWCA 8693

The attached document replaces the document previously issued with the above code on 3 December 2014.

Incorrectly attached undertaking has been removed.

Associate to Deputy President Gostencnik

Dated 4 December 2014.

[2014] FWCA 8693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McMorrow Grimes Investments Pty Ltd ATF The McMorrow Grimes Family Trust T/A Octagon BKG Lifts
(AG2014/9186)

OCTAGON BKG LIFTS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 DECEMBER 2014

Application for approval of the Octagon BKG Lifts Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Octagon BKG Lifts Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McMorrow Grimes Investments Pty Ltd ATF The McMorrow Grimes Family Trust T/A Octagon BKG Lifts. The agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 3 December 2014 and, in accordance with s.54, will operate from 10 December 2014. The nominal expiry date of the Agreement is 2 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, McMorrow Grimes Investments Pty Ltd, trading as Octagon BKG Lifts, applied for approval of the Octagon BKG Lifts Enterprise Agreement 2014. The application was contested by the Australian Manufacturing Workers’ Union (AMWU). The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for genuine agreement and the protection of employee rights.

The primary legal issues before the Commission were whether the agreement was genuinely agreed upon by the employer and employees and whether it provided adequate protections for employees, including provisions for casual employees. The Commission considered the process through which the agreement was negotiated, the extent of employee participation, and whether any coercion or unfairness was involved in the agreement's formation. It also assessed the adequacy of the agreement's terms and conditions, particularly in relation to casual employees.

The Commission found that the agreement was genuinely negotiated and not the product of any unfair labour practice or coercion. The process was deemed transparent and inclusive, with sufficient employee representation and opportunity for input. The terms of the agreement were found to be fair and balanced, providing adequate protections and benefits for employees, including casual employees. Accordingly, the Commission approved the Octagon BKG Lifts Enterprise Agreement 2014, noting that it met the legislative requirements and provided a fair framework for the employment relationship between the parties.

The Commission issued an order approving the enterprise agreement, subject to the conditions and provisions outlined in the agreement. The approval was effective from the date of the decision, and the agreement was to be implemented accordingly by the employer and the union.

McMorrow Grimes Investments Pty Ltd ATF The McMorrow Grimes Family Trust T/A Octagon BKG Lifts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established