DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&S Engineering Services Pty Ltd T/A G&S Engineering
(AG2021/6954)

G&S ENGINEERING SERVICES PTY LTD, WORKSHOPS AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the G&S Engineering Services Pty Ltd, Workshops Agreement 2021.

[1] G&S Engineering Services Pty Ltd has applied for approval of an enterprise agreement known as the G&S Engineering Services Pty Ltd, Workshops Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 (AMWU), the Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 7 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, G&S Engineering Services Pty Ltd trading as G&S Engineering, sought approval of the G&S Engineering Services Pty Ltd, Workshops Agreement 2021 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has jurisdiction to approve such agreements. The primary dispute centred around the terms of the proposed agreement and whether it met the statutory requirements for approval.

The legal issues the court had to resolve included whether the agreement provided for fair and reasonable terms, was consistent with the objects of the Act, and whether it adhered to the procedural requirements for application and approval. Specifically, the court needed to determine if the agreement appropriately balanced the rights and obligations of the parties and aligned with the broader objectives of the Act, including promoting cooperative workplace relations and economic prosperity.

The Fair Work Commission found that the agreement provided fair and reasonable terms for the employees, and was consistent with the objects of the Act. The agreement was approved, as it was procedurally sound and met the statutory requirements. The court noted that the agreement included provisions for wages, conditions, and dispute resolution mechanisms, which were fair and reasonable, and aligned with the objects of the Act.

No further orders were made by the court beyond the approval of the agreement. The decision confirmed the validity of the agreement, allowing it to be implemented and enforced between the parties involved.

G&S Engineering Services Pty Ltd T/A G&S Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established