DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBE Maintenance Services Pty Ltd T/A GBE
(AG2018/629)

GBE (MMG ROSEBERY CLEANING SERVICES) ENTERPRISE AGREEMENT 2018

Mining Industry
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2018

Application for approval of the GBE (MMG Rosebery Cleaning Services) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GBE (MMG Rosebery Cleaning 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. The Agreement is a single enterprise agreement.

[2] 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2018. The nominal expiry date of the Agreement is 27 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GBE Maintenance Services, sought approval of an Enterprise Agreement with its employees under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the decision being issued in writing. The central issue for the Commission was whether the proposed agreement complied with the procedural requirements of the Act and was in the best interests of the employees. In particular, the Commission had to determine if the agreement had been fairly negotiated and if it met the ‘better off overall test’ as required by the legislation.

The Commission carefully considered the evidence presented regarding the negotiation process and the content of the agreement. It assessed whether the agreement was made without inappropriate pressure or influence and if it provided terms and conditions that were at least as good as those provided under the relevant award or safety net. The Commission also evaluated if the agreement included appropriate dispute resolution mechanisms and if it provided adequate protections for employees. After thorough examination, the Commission determined that the agreement had been fairly negotiated and met the statutory requirements.

In its decision, the Commission approved the Enterprise Agreement, finding that it complied with the necessary legal standards and was in the best interests of the employees. The agreement was considered to be a genuine enterprise agreement, reflecting the terms and conditions agreed upon by the parties. The Commission's approval was based on the evidence that the agreement had been negotiated in good faith and provided fair and reasonable terms for the employees.

The Fair Work Commission ordered the approval of the GBE (MMG Rosebery Cleaning Services) Enterprise Agreement 2018. The decision was made in the interest of ensuring that the agreement met the legal standards set by the Fair Work Act 2009 and provided fair terms and conditions for the employees involved.

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