[2014] FWCA 9233

The attached document replaces the document previously issued with the above code on 18 December 2014.

The agreement title appearing in the preamble has been amended to reflect the correct title.

Associate to Deputy President Kovacic.

6 January 2015

[2014] FWCA 9233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.T.H. Installations
(AG2014/10030)

G.T.H INSTALLATIONS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 DECEMBER 2014

Application for approval of the G.T.H Installations and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the G.T.H Installations and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.T.H Installations. The agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from G.T.H Installations. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were G.T.H. Installations and the Australian Manufacturing Workers' Union (AMWU), with the Australian Building and Construction Commission (ABCC) overseeing the application for approval of the G.T.H Installations and AMWU Metal Engineering On-Site Construction Agreement 2014. The primary dispute centred on whether the agreement, which was intended to regulate the terms and conditions of employment for metal engineering workers, complied with the Fair Work Act 2009.

The key legal issues before the court were whether the agreement met the criteria for approval under section 234 of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from prohibited content. Specifically, the court had to determine if the agreement adequately protected employees' rights, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The court found that the agreement was compliant with the requirements of the Fair Work Act. It noted that the agreement contained provisions that were fair and reasonable and provided adequate protections for employees. The court was satisfied that the agreement was free from any content that would contravene the Act, including provisions that were deemed to be in the best interests of the employees. Consequently, the court approved the agreement for registration, ensuring that it would govern the employment conditions of metal engineering workers under the specified terms.

As a result of the court's decision, the G.T.H Installations and AMWU Metal Engineering On-Site Construction Agreement 2014 was approved and registered, allowing it to be enforceable under the Fair Work Act. The agreement now serves as a legally binding contract between the parties, providing a framework for the employment terms and conditions of metal engineering workers employed by G.T.H Installations.

G.T.H. Installations

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established