DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&S Engineering Services Pty Ltd
(AG2016/3276)

G&S ENGINEERING SERVICES PTY LTD WORKSHOPS AGREEMENT 2016-2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the G&S Engineering Services Pty Ltd Workshops Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the G&S Engineering Services Pty Ltd Workshops Agreement 2016-2017 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss. 186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act I note that the Agreement covers both organisations.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54 of the Act, will operate from 5 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G&S Engineering Services Pty Ltd, a company engaged in the engineering services industry, applied to the Fair Work Commission for the approval of the G&S Engineering Services Pty Ltd Workshops Agreement 2016-2017. The applicant and the union representing its employees, the Electrical Trades Union of Australia, were in dispute over the terms of the proposed agreement, particularly regarding the classification of certain employees. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the Commission were whether the proposed agreement provided for the classification of employees in a manner that was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act. The union argued that the proposed agreement did not adequately protect the interests of the employees and that the classification of certain employees was not appropriate. The Commission needed to consider the arguments of both parties and assess the agreement against the statutory framework.

After considering the submissions of both parties and the relevant provisions of the Fair Work Act, the Commission found that the proposed agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for the classification of employees in a manner that was fair and reasonable, and that it complied with the relevant provisions of the Act. The Commission approved the agreement, subject to certain modifications, and directed that it be registered with the Fair Work Commission.

The Commission's decision provides guidance to employers and unions on the requirements for the approval of workplace agreements under the Fair Work Act. It highlights the importance of ensuring that agreements are fair and reasonable and that they comply with the statutory framework. The decision also reinforces the role of the Fair Work Commission in overseeing the approval of workplace agreements and in resolving disputes between employers and unions.

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