Gasco Pty Ltd Summary

[2016] FWCA 556

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd
(AG2015/7185)
GASCO PTY LTD & AMWU ENTERPRISE WORKSHOP
AGREEMENT 2015
Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JANUARY 2016

Application for approval of the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement

2015 (“the Agreement”).

[1] An application has been made for approval of an enterprise agreement known as the

Gasco Pty Ltd & AMWU Enterprise Workshop 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 Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd. The Agreement is a single

enterprise agreement.

[2] 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.

[3] 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.
[2016] FWCA 556

[4] The Agreement was approved and, in accordance with s.54, will operate from 5

February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gasco Pty Ltd, trading as Gasco Pty Ltd, applied for approval of the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2015 ("the Agreement") under section 185 of the Fair Work Act 2009. The application was made by Gasco Pty Ltd ATF Gasco Unit Trust. The Agreement is a single enterprise agreement. The Australian Manufacturing Workers' Union (AMWU), a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. The Agreement was approved and will operate from 5 February 2016, with a nominal expiry date of 31 December 2018.

The court had to decide whether the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 were met, and whether the Agreement was a genuine enterprise agreement. The court also had to determine whether the Agreement was fairly and properly negotiated, and whether it was in the best interests of the employees.

The court found that all the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 were met. The Agreement was a genuine enterprise agreement, and was fairly and properly negotiated. The court was satisfied that the Agreement was in the best interests of the employees, and approved the Agreement under section 185 of the Fair Work Act 2009. The Agreement will operate from 5 February 2016, with a nominal expiry date of 31 December 2018.

Gasco Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established