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

[2022] FWCA 2984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3516)

Application for approval of the G&S Support Services Pty Ltd, Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 AUGUST 2022

Application for approval of the G&S Support Services Pty Ltd, Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the G&S Support Services Pty Ltd, Enterprise Agreement 2022 (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 Support Services Pty Ltd T/A G&S Support Services. The Agreement is a single enterprise agreement.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 29 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G&S Support Services Pty Ltd, trading as G&S Support Services, applied to the Fair Work Commission for approval of the G&S Support Services Pty Ltd Enterprise Agreement 2022. The agreement was the outcome of negotiations between the company and its employees, represented by a trade union. The union had previously raised concerns regarding the proposed agreement, leading to the application for Fair Work Commission approval. The primary concern was whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The court had to determine if the agreement was a genuine enterprise agreement and whether it satisfied the criteria set out in the Fair Work Act. This included assessing whether the agreement dealt with the employees' terms and conditions of employment, whether it was made in good faith, and if it included appropriate dispute resolution mechanisms. Additionally, the court examined whether the agreement was certified by an independent person as meeting the good faith test.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and met all the legal requirements. The commission was satisfied that the agreement dealt with the employees' terms and conditions of employment and was made in good faith. The commission also determined that the agreement included appropriate dispute resolution mechanisms and was certified by an independent person as meeting the good faith test. Therefore, the application for approval of the G&S Support Services Pty Ltd Enterprise Agreement 2022 was successful.

The Fair Work Commission approved the G&S Support Services Pty Ltd Enterprise Agreement 2022, effective from the date of the approval. The agreement now legally binds the employer and the employees, and it will govern their terms and conditions of employment. The union's concerns were addressed, and the agreement was found to be in compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established