G&S Engineering Services Pty Ltd Summary

[2014] FWCA 3323

FAIR WORK COMMISSION

DECISION

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

G&S Engineering Services Pty Ltd
(AG2014/5989)

G & S ENGINEERING SERVICES HHI GROSVENOR PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2014

Application for approval of the G & S Engineering Services HHI Grosvenor Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 May 2014 by G&S Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the G & S Engineering Services HHI Grosvenor Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Ong, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of G&S Engineering Services Pty Ltd, the applicant sought approval of the G & S Engineering Services HHI Grosvenor Project Union Greenfields Agreement. The dispute centred on the interpretation and application of the Fair Work Act 2009, specifically the provisions governing the approval of enterprise agreements. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The primary legal issues before the Commission involved whether the agreement provided for the mandatory bargaining items as required by the Act and if it was otherwise compliant with the provisions of the Fair Work Act. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not meet the legal standards for approval.

The Fair Work Commission found that the agreement did not adequately address all the mandatory bargaining items, particularly in relation to wages and conditions. The Commission noted that while the agreement contained provisions for some mandatory items, others were either inadequately specified or omitted entirely. Consequently, the Commission concluded that the agreement could not be approved in its current form. The Commission did not find any procedural flaws in the bargaining process but held that the substantive content of the agreement did not comply with the legal requirements.

The Commission did not grant approval for the agreement. It directed the parties to negotiate further to address the deficiencies identified, with a view to resubmitting an amended agreement for consideration. This outcome underscored the importance of ensuring that enterprise agreements comprehensively cover all mandatory bargaining items and comply with the statutory framework.

G&S Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established