DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBE Maintenance Services Pty Ltd T/A GBE
(AG2014/10065)

GBE MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2015

Application for approval of the GBE Maintenance Services Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the GBE Maintenance Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GBE Maintenance Services Pty Ltd T/A GBE.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 14 January 2015 and, in accordance with s.54, will operate from 21 January 2015. The nominal expiry date of the Agreement is 21 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of GBE Maintenance Services Pty Ltd T/A GBE, the Fair Work Commission was tasked with approving the GBE Maintenance Services Enterprise Agreement 2014. The dispute centred on the terms and conditions outlined in the proposed agreement between the employer and its employees. The matter was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue for the Commission to determine was whether the proposed agreement complied with the requirements set out in the Fair Work Act. This included ensuring that the agreement was made in good faith and covered the necessary matters as prescribed by the Act. The Commission also had to consider whether the agreement provided for appropriate safeguards for employees and whether it was in the best interests of the employees.

In delivering its decision, the Commission examined the details of the proposed agreement and considered the submissions from both parties. The Commission found that the agreement was made in good faith and contained all the required prescribed matters. The Commission also determined that the agreement provided for adequate safeguards for employees and was in their best interests. As a result, the Fair Work Commission approved the GBE Maintenance Services Enterprise Agreement 2014.

The Fair Work Commission's approval of the agreement means that the terms and conditions outlined in the agreement are now legally binding on both the employer and the employees. This decision provides certainty and stability for both parties and ensures that the agreement complies with the requirements of the Fair Work Act.

GBE Maintenance Services Pty Ltd T/A GBE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established