GBE Maintenance Services Pty Ltd T/A GBE Maintenance Services

[2019] FWCA 3977

[2019] FWCA 3977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBE Maintenance Services Pty Ltd T/A GBE Maintenance Services
(AG2018/7206)

GBE MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JUNE 2019

Application for approval of the GBE Maintenance Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GBE Maintenance Services Enterprise Agreement 2018 (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 Maintenance Services. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] I observe that clause 9.1(a) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 7 June 2019 and, in accordance with s.54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 7 June 2023.

COMMISSIONER

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<AE503822  PR709152>

Annexure A