DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&S Projects Australia Pty Ltd
(AG2020/2879)

G&S PROJECTS, BEYONDIE PROJECT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 NOVEMBER 2020

Application for approval of the G&S Projects, Beyondie Project Enterprise Agreement 2020.

[1] G&S Projects Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the G&S Projects, Beyondie Project Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 9 November 2020, and, in accordance with s 54, will operate from 16 November 2020. The nominal expiry date of the Agreement is 9 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G&S Projects Australia Pty Ltd sought approval for the G&S Projects, Beyondie Project Enterprise Agreement 2020 from the Fair Work Commission. The application involved resolving disputes concerning the terms and conditions of employment within the enterprise agreement, aiming to ensure compliance with the Fair Work Act 2009. The legal issues before the court centred on whether the proposed agreement met the criteria for approval under the Fair Work Act, including fairness, efficiency, and flexibility. Specifically, the court had to examine if the agreement provided for appropriate minimum rates of pay, conditions of work, and dispute resolution mechanisms.

The court found that the agreement provided for fair and reasonable terms, including provisions for minimum wages, overtime, and leave entitlements, which aligned with the benchmarks set by the Fair Work Act. It also noted the inclusion of flexible working arrangements and efficient dispute resolution processes. The court concluded that the agreement was likely to contribute to a productive and harmonious workplace, thus meeting the criteria for approval. The decision underscored the importance of balancing the interests of both employers and employees, ensuring the agreement was fair, efficient, and flexible.

The Fair Work Commission approved the G&S Projects, Beyondie Project Enterprise Agreement 2020, recognising its compliance with the legislative requirements. The approval was based on the court's determination that the agreement provided fair and reasonable terms and conditions of employment, along with effective dispute resolution mechanisms. This decision reinforces the importance of enterprise agreements in promoting harmonious workplace relations while adhering to the statutory framework.

G&S Projects Australia 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