DECISION

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

G.A.B. Corporation Pty Ltd
(AG2019/816)

G.A.B. ENTERPRISE AGREEMENT 2019

Dry cleaning and laundry services
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the G.A.B. Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the G.A.B. Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.A.B. Corporation Pty Ltd. 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 have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 11 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G.A.B. Corporation Pty Ltd applied to the Fair Work Commission for approval of the G.A.B. Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009, which allows for the approval of enterprise agreements by the Commission. The nature of the dispute was whether the agreement met the requirements for approval under the Act, specifically focusing on the terms and conditions it contained and their compliance with the provisions of the Act.

The legal issues before the Commission included whether the agreement provided for a direct and clear statement of the terms and conditions of employment, whether it contained provisions for minimum rates of pay and other entitlements that met the requirements of the Fair Work Act, and whether it satisfied the procedural requirements for application and approval. The Commission also had to consider whether the agreement met the “better off overall test” to ensure that it did not disadvantage employees.

The Commission found that the G.A.B. Enterprise Agreement 2019 was valid and met all statutory requirements for approval. The agreement was clear and comprehensive, providing a direct and clear statement of the terms and conditions of employment, including minimum rates of pay and other entitlements. The Commission also determined that the agreement satisfied the better off overall test and was procedurally sound. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the G.A.B. Enterprise Agreement 2019, finding it to be compliant with the requirements of the Fair Work Act. The decision highlights the importance of clear and comprehensive terms and conditions in enterprise agreements and the necessity for compliance with statutory requirements to ensure fair and lawful employment practices.

G.A.B. Corporation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established