Bwanolar Pty Ltd T/A GFR Group Summary

[2014] FWCA 1239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bwanolar Pty Ltd T/A GFR Group
(AG2014/297)

GFR GROUP ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 FEBRUARY 2014

Application for approval of the GFR Group Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GFR Group Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bwanolar Pty Ltd, trading as GFR Group, filed an application seeking approval for the GFR Group Roy Hill AWU Greenfields Agreement 2014. The application was lodged with the Fair Work Commission, and the dispute primarily revolved around the terms and conditions of the agreement, particularly concerning its compliance with the Fair Work Act 2009. The Australian Workers’ Union (AWU) contested certain provisions, arguing they were unfair or did not adequately protect employees' rights.

The central legal issues addressed by the Commission included whether the agreement met the requirements for approval under the Fair Work Act and whether the terms were fair and reasonable in all respects. The Commission needed to consider if the agreement complied with the provisions for avoiding or resolving disputes and whether it adhered to the minimum standards set out in the relevant award. The arguments centred on specific clauses relating to employee entitlements, working conditions, and dispute resolution mechanisms.

After evaluating the evidence and submissions from both parties, the Commission determined that the agreement substantially complied with the legislative requirements. The Commission found that while some provisions were contentious, they did not render the agreement unfair or unreasonable. The Commission was satisfied that the agreement contained adequate mechanisms for resolving disputes and met the minimum standards. Consequently, the application for approval was granted.

The Fair Work Commission approved the GFR Group Roy Hill AWU Greenfields Agreement 2014, with the specific terms and conditions as set out in the agreement. The Commission's decision recognised the overall compliance of the agreement with the Fair Work Act, despite some contentious provisions.

Bwanolar Pty Ltd T/A GFR Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established