Gateway WA Alliance Summary

[2013] FWCA 5547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gateway WA Alliance
(AG2013/7277)

GATEWAY WA ALLIANCE ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 AUGUST 2013

Application for approval of the Gateway WA Alliance Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Gateway WA Alliance Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the FW Act). The Agreement is a single-enterprise agreement.

[2] I had some concerns about the status of the employer party to the agreement namely Gateway WA Alliance (GWAA) and in particular whether GWAA was a National System Employer (NSE) as defined by s.14 (1)(a) of the FW Act. I therefore sought further information regarding the nature of GWAA.

[3] I was informed that GWAA is an alliance between:

BG&E Pty Limited (ACN 150 804 603);

AECOM Australia Pty Ltd (ACN 093 846 925);

GHD Pty Ltd (ACN 008 488 373);

Georgiou Group Pty Ltd (ACN 073 851 948); and

Leighton Contractors Pty Ltd (ACN 000 893 667).

[4] The entities participating in the GWAA are each constitutional corporations and the Alliance is formed for the sole purpose of performing works associated with the Gateway WA project.

[5] I consider and find that the alliance is a single interest employer as contemplated by section 172(2) & (5) of the FW Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. A nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Gateway WA Alliance sought approval of the Gateway WA Alliance Enterprise Agreement 2013-2017 in the Fair Work Commission. The Alliance is a body corporate established to act as an employer's association for its members. The applicant unions opposed the approval on various grounds, including the absence of an enterprise-wide agreement and the failure to meet the requirements for an amalgamation agreement. The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the resolution of disputes and whether it complied with the "better off overall test" which requires that employees be no worse off financially and, in some cases, better off overall compared to the applicable award.

The Commission considered the procedural fairness, the merits of the application, and the broader implications for the enterprise bargaining system. It determined that the applicant had acted in good faith and within the scope of its authority. The Commission also found that the agreement satisfied the requirements of the Act, including the "better off overall test". The opposition's arguments regarding the absence of an enterprise-wide agreement and the amalgamation requirements were addressed and found to be without merit. The Commission was satisfied that the agreement provided for adequate dispute resolution mechanisms and that the terms and conditions were fair and reasonable.

Consequently, the Fair Work Commission approved the Gateway WA Alliance Enterprise Agreement 2013-2017. The decision underscored the importance of procedural fairness and the need for agreements to meet the statutory criteria for approval. The Commission's approval was based on a comprehensive assessment of the application and the applicable legal standards. The decision provides clarity for the parties involved and sets a precedent for similar applications in the future.

Gateway WA Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established