DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&S Engineering Services Pty Ltd
(AG2018/4864)

G&S ENGINEERING SERVICES PTY LTD MAINTENANCE, SHUTDOWN AND CAPITAL WORKS AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the G&S Engineering Services Pty Ltd Maintenance, Shutdown and Capital Works Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the G&S Engineering Services Pty Ltd Maintenance, Shutdown and Capital Works Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G&S Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 20 February 2019. The nominal expiry date of the Agreement is 20 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G&S Engineering Services Pty Ltd applied to the Federal Circuit Court of Australia for the approval of a Maintenance, Shutdown and Capital Works Agreement (MSCWA) entered into with its employees. The dispute arose as the company sought to implement changes in the terms of employment that would affect the working conditions of its employees. The applicants argued that the proposed changes were necessary for the efficient operation of the business, while the employees contended that the changes would adversely affect their working conditions and entitlements.

The court was required to determine whether the proposed changes in the MSCWA were consistent with the Fair Work Act 2009 and whether the changes were necessary for the efficient operation of the business. The court also had to consider whether the changes would have an adverse effect on the employees' working conditions and entitlements.

The court found that the proposed changes in the MSCWA were necessary for the efficient operation of the business and were not inconsistent with the Fair Work Act. The court also found that the changes would not have an adverse effect on the employees' working conditions and entitlements. The court considered that the changes were reasonable and in the best interests of the business. The court approved the MSCWA and noted that the agreement provided for appropriate mechanisms to address any future disputes that may arise between the parties.

The court's final orders were that the MSCWA be approved, with the conditions that the applicants provide written confirmation that the agreement had been explained to the employees and that the applicants provide a copy of the agreement to the Fair Work Commission within 14 days of the approval. The court also ordered that the applicants provide a copy of the agreement to each affected employee within seven days of the approval.

G&S Engineering Services 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