| [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
<AE517227 PR745284>
- AGLC
- G&S Support Services Pty Ltd T/A G&S Support Services [2022] FWCA 2984
- Case
- [2022] FWCA 2984
- Decision Date
CaseChat Overview and Summary
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.
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Background
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Evidence
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