G-Force Recruitment Ltd Summary

[2023] FWCA 639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G-Force Recruitment Ltd

(AG2023/371)

G-Force Recruitment Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024

Industries not otherwise assigned
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 FEBRUARY 2023

Application for approval of the G-Force Recruitment Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024

G-Force Recruitment Ltd has made an application for approval of an enterprise agreement known as the G-Force Recruitment Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 27 February 2023 and, in accordance with s 54, it will operate from 6 March 2023. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were G-Force Recruitment Ltd and the Education and Training Union (ETU). The matter was brought before the Fair Work Commission to seek approval for the G-Force Recruitment Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024. The key issue the court had to determine was whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009.

The court examined the agreement to ensure it complied with the relevant provisions of the Act, including the "better off overall test" which requires that the agreement must provide employees with a minimum 15% improvement in wages and conditions compared to the applicable award or registered agreement. The court also assessed whether the agreement contained the necessary minimum terms, and whether any provisions in the agreement were contrary to public policy or otherwise invalid. Additionally, the court had to consider whether the agreement had been genuinely negotiated between the parties.

In reaching its decision, the Fair Work Commission found that the proposed agreement satisfied all the requirements for approval. It was determined that the agreement provided for a minimum 15% improvement in wages and conditions for apprentices and included all the necessary minimum terms. The court also concluded that the agreement had been genuinely negotiated between the parties. Consequently, the Commission approved the G-Force Recruitment Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024.

G-Force Recruitment Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established