DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&S Engineering Services Pty Ltd
(AG2019/996)

G&S ENGINEERING SERVICES PTY LTD WORKSHOPS AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the G&S Engineering Services Pty Ltd Workshops Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the G&S Engineering Services Pty Ltd Workshops Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of G&S Engineering Services Pty Ltd involved a legal dispute regarding the approval of the G&S Engineering Services Pty Ltd Workshops Agreement 2019. The matter was heard in the Fair Work Commission, where the company sought to have the agreement recognised under the Fair Work Act 2009. The primary issue was whether the agreement complied with the statutory requirements and was fair and appropriate in its terms and conditions.

The legal issues before the Commission included whether the agreement met the criteria for a "single-employer agreement" and whether it included appropriate mechanisms for dispute resolution. Additionally, the Commission had to consider whether the agreement's provisions were consistent with the objectives of the Fair Work Act, including the protection of employees' rights and interests. The company argued that the agreement was necessary to ensure efficient operations and protect its business interests, while the union contended that certain terms were unfair and did not provide adequate protections for employees.

The Commission carefully reviewed the provisions of the agreement and assessed them against the statutory framework. It considered the nature of the workplace, the roles and responsibilities of the parties, and the overall fairness of the agreement. The Commission found that the agreement did not adequately address key areas of employee protection and that some provisions were not consistent with the objectives of the Act. Consequently, the application for approval was dismissed. The decision highlights the importance of ensuring that workplace agreements are fair and balanced, and that they meet the statutory requirements set out in the Fair Work Act.

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