DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GAL (WA) Pty Ltd
(AG2015/1585)

GAL (WA) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the GAL (WA) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GAL (WA) Pty Ltd Enterprise Agreement 2015 (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.

[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 GAL (WA) Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 16 February 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the case of GAL (WA) Pty Ltd involved an application for the approval of the GAL (WA) Pty Ltd Enterprise Agreement 2015. The applicant, GAL (WA) Pty Ltd, sought approval for the agreement which had been negotiated between the company and the relevant trade union. The union, on the other hand, contested certain provisions of the agreement, particularly those related to the terms of employment and remuneration for the employees.

The legal issues before the Commission were primarily concerned with whether the provisions of the Enterprise Agreement were consistent with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the procedural requirements for certification, if it contained terms that were contrary to the objectives of the Act, and whether it provided adequate protections for employees. The central issue was whether the agreement provided fair and reasonable terms for employees, considering the broader economic and employment context.

The Commission examined the agreement clause by clause, considering the evidence presented by both parties. It noted that the agreement had been negotiated in good faith and that the union had provided adequate representation for the employees. The Commission concluded that the agreement met the procedural requirements for certification and did not contain any terms that were contrary to the objectives of the Act. While acknowledging some concerns raised by the union, the Commission found that the overall provisions of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the broader economic environment. Consequently, the Commission approved the Enterprise Agreement, affirming its compliance with the relevant statutory provisions.

GAL (WA) Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established