Robert Guy & Sons Pty Ltd

[2014] FWCA 4904

FAIR WORK COMMISSION

DECISION

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

Robert Guy & Sons Pty Ltd
(AG2014/1540)

ROBERT GUY & SONS PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2014

Application for approval of the Robert Guy & Sons Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as Robert Guy & Sons Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Guy & Sons Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 23 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Robert Guy & Sons Pty Ltd, the Fair Work Commission was tasked with determining the application for the approval of the Enterprise Agreement between Robert Guy & Sons Pty Ltd and its employees, dated 2014-2017. The applicants, Robert Guy & Sons Pty Ltd, sought approval for the agreement, while the respondents included several employee unions representing the workforce.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to ascertain whether the agreement contained all the mandatory terms and conditions as stipulated in the Act, and if it had been negotiated in good faith. Furthermore, the Commission needed to determine whether the agreement provided for the protection of employees' rights and interests, including those of vulnerable or disadvantaged groups.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the Enterprise Agreement did not adequately address several mandatory terms required by the Fair Work Act. These included provisions on minimum wages, penalty rates, and other employment conditions. Additionally, the Commission found that the agreement did not sufficiently protect the rights of certain employee groups, particularly those with disabilities. As a result, the Commission did not approve the agreement. The Commission provided detailed feedback and recommendations for amendments to address the deficiencies identified.

As a final order, the Fair Work Commission rejected the application for approval of the Enterprise Agreement, specifying the areas that needed amendment. The Commission directed the parties to engage in further negotiations to address the identified issues and resubmit an amended agreement for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established