DECISION

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

G & S Engineering Services Pty Ltd
(AG2015/2891)

G & S ENGINEERING SERVICES LNG PROJECTS UNION AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JUNE 2015

Application for approval of the G & S Engineering Services LNG Projects Union Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 June 2015 by G & S Engineering Services Pty Ltd for the approval of a single-enterprise agreement known as the G & S Engineering Services LNG Projects Union Agreement 2015(“the 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.

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

[4] 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

G & S Engineering Services Pty Ltd applied for approval of the G & S Engineering Services LNG Projects Union Agreement 2015. The applicant is a company that employs workers in the engineering services industry, specifically in the liquefied natural gas (LNG) sector. The respondents were trade unions representing various worker groups within the company. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the application and needed to determine if the agreement was made in good faith, covered the relevant employees, and provided for fair terms and conditions.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for approval. This included whether the agreement was made in good faith, whether it covered the correct employees, and whether the terms and conditions were fair and reasonable. The Commission had to assess whether the agreement was genuinely negotiated and whether it provided for terms and conditions that were not less favourable than the relevant awards or modern awards. Additionally, the Commission needed to ensure that the agreement met the public interest test, which required the agreement to be in the best interests of the employees and the broader community.

The Fair Work Commission found that the agreement was made in good faith and genuinely negotiated between the parties. The Commission confirmed that the agreement covered the relevant employees and that the terms and conditions were fair and reasonable. The Commission also found that the agreement met the public interest test, as it provided for terms and conditions that were not less favourable than the relevant awards or modern awards. Consequently, the Commission approved the G & S Engineering Services LNG Projects Union Agreement 2015, ensuring that the employees would benefit from the agreed-upon terms and conditions.

The Fair Work Commission approved the G & S Engineering Services LNG Projects Union Agreement 2015, recognising its compliance with the statutory requirements and its benefits to the employees. The Commission's decision provided certainty to the parties involved and ensured that the agreement would be implemented in the best interests of the employees and the broader community.

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