GBAR (Australia) Pty Ltd

[2022] FWCA 2265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GBAR (Australia) Pty Ltd

(AG2022/2080)

GBAR NSW Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 JULY 2022

Application for approval of the GBAR NSW Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GBAR NSW Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GBAR (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 11 July 2022 and, in accordance with s.54, will operate from 18 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GBAR (Australia) Pty Ltd sought approval for the GBAR NSW Enterprise Agreement 2022. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary issue was whether the agreement provided for the proper determination of terms and conditions of employment and whether it complied with the good faith bargaining requirements.

The Commission examined the negotiation process and the provisions of the agreement, considering whether it appropriately balanced the interests of both employers and employees. The Commission was also tasked with ensuring that the agreement did not adversely affect employees’ existing terms and conditions of employment, and that it did not undermine the operation of any federal safety net provisions.

After reviewing the evidence and submissions, the Commission concluded that the agreement met the legislative requirements. It found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission approved the GBAR NSW Enterprise Agreement 2022, highlighting that it provided for the proper determination of employment terms and conditions and did not undermine any federal safety net provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established