G M & C Industries Pty Ltd T/A GMC

[2013] FWCA 3182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G M & C Industries Pty Ltd T/A GMC
(AG2013/1163)

G M & C INDUSTRIES PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MAY 2013

Application for approval of the G M & C Industries Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the G M & C Industries Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, G M & C Industries Pty Ltd trading as GMC, sought approval of an Australian Manufacturing Workers' Union (AMWU) Greenfields Agreement concerning the BHP Billiton Iron Ore Growth Projects Stage 1. The dispute was heard by the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly the need for it to provide for a fair and efficient workplace while also promoting productivity and efficiency in the workplace.

The Commission found that the agreement was consistent with the objectives of the Fair Work Act. It provided for a fair and efficient workplace by setting out clear provisions for employment conditions, including wages, hours of work, and other employment terms. The agreement also promoted productivity and efficiency through provisions that encouraged cooperative behaviour and provided mechanisms for resolving workplace disputes. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and it approved the application for the agreement.

The Commission emphasised the importance of ensuring that workplace agreements promote both fairness and efficiency, and that they are in the best interests of both employers and employees. The approval of the agreement was seen as a positive step towards achieving these objectives in the context of the BHP Billiton Iron Ore Growth Projects Stage 1. The Commission's decision to approve the agreement was based on a careful consideration of the evidence and arguments presented by both parties. The final orders included the approval of the AMWU Greenfields Agreement, subject to certain conditions and modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established