Gal (WA) Pty Ltd

[2022] FWCA 568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gal (WA) Pty Ltd

(AG2021/9238)

Gal Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 22 FEBRUARY 2022

Application for approval of the GAL Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the GAL Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gal (WA) Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 26.7 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 1 March 2022. The nominal expiry date of the Agreement is 21 February 2026.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Gal (WA) Pty Ltd, represented by its legal counsel, sought approval for the GAL Enterprise Agreement 2021. This agreement was between the company and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically concerning the bargaining process and the content of the agreement. The primary contention was whether the agreement had been made in good faith and whether it provided fair and reasonable terms for the employees.

The Commission had to determine whether the bargaining process was conducted in good faith and whether the terms of the agreement were fair and reasonable. The company argued that the agreement was the product of genuine negotiations and provided fair and reasonable terms for both parties. The union contended that the agreement did not adequately address certain employee entitlements and that the bargaining process had not been conducted in good faith. The Commission examined the evidence presented, including the negotiation process, the terms of the agreement, and the submissions from both parties. It assessed whether the bargaining process met the statutory requirements and whether the terms of the agreement were fair and reasonable.

After careful consideration, the Commission found that the bargaining process had been conducted in good faith and that the agreement contained fair and reasonable terms for the employees. The Commission noted the comprehensive negotiation process and the reasonable concessions made by both parties. It concluded that the agreement met the statutory requirements and approved the GAL Enterprise Agreement 2021. The Commission's decision was based on the evidence that the agreement provided a balanced and fair outcome for both the employer and the employees. The approval of the agreement ensures that the terms and conditions of employment are regulated in a manner that is fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established