GBAR (Australia) Pty Ltd T/A GBAR Group

[2021] FWCA 1187

[2021] FWCA 1187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GBAR (Australia) Pty Ltd T/A GBAR Group
(AG2021/365)

GBAR AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 MARCH 2021

Application for variation of the Gbar Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Gbar Australia Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by GBAR (Australia) Pty Ltd T/A GBAR Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Gbar Australia Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Gbar Australia Pty Ltd Enterprise Agreement 2019-2022

[3] The application also seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 18.1(e) – Personal/Carer’s Leave

● Clause 20(a) – Parental Leave

● Clause 21.1(b) – Family Violence Leave

However, noting the written undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 11 March 2021.

COMMISSIONER

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