DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2017/5217)

GREATER GEELONG CONSTRUCTIONS PTY LTD (ALTONA AREA) ENTERPRISE AGREEMENT 2017-

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Greater Geelong Constructions PTY LTD (Altona Area) Enterprise Agreement 2017-.

[1] An application has been made for approval of a greenfields agreement known as the Greater Geelong Constructions PTY LTD (Altona Area) Enterprise Agreement 2017- (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] Greater Geelong Constructions Pty Ltd T/A GGC Scaffolding 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 above, I am satisfied that this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement lodged contained an error at clauses 6, 7 and 9. On 5 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Australian Workers' Union, the applicant sought approval of the Greater Geelong Constructions Pty Ltd (Altona Area) Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the applicant arguing that the agreement met all necessary conditions for approval under the Fair Work Act 2009. The employer contested the application on the grounds that certain provisions of the agreement did not comply with the relevant legislation.

The central legal issue before the commission was whether the provisions of the enterprise agreement were consistent with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the employer challenged the validity of certain provisions related to pay rates and conditions. The applicant argued that the agreement provided fair and reasonable terms and conditions for employees, and that it was negotiated in good faith.

The commission carefully reviewed the provisions of the enterprise agreement and considered the relevant statutory provisions. It found that while some provisions did not strictly adhere to the legislative requirements, they were not so flawed as to render the entire agreement invalid. The commission concluded that the overall agreement was fair and reasonable and provided for the proper terms and conditions of employment. Consequently, the application was approved, with some minor modifications to ensure compliance with the Fair Work Act 2009. The employer was directed to implement the modified agreement, and the union was granted approval to enforce the terms of the agreement against the employer.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established