GBF North Pty Ltd

[2014] FWCA 6219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBF North Pty Ltd
(AG2014/8460)

GBF NORTH PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 9 SEPTEMBER 2014

Application for approval of the GBF North Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GBF North Pty Ltd 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 GBF North Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2014. The nominal expiry date of the Agreement is 9 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

GBF North Pty Ltd applied to the Fair Work Commission for approval of the GBF North Pty Ltd Enterprise Agreement 2014. The applicant sought an order approving the enterprise agreement as a modern award. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including being a good faith bargaining product and meeting the "better off overall test". The respondents, including various unions, opposed the application, arguing that the agreement did not meet the statutory requirements.

The legal issues before the Commission were whether the enterprise agreement was a product of good faith bargaining and whether it met the "better off overall test". The Commission examined the negotiation process, the content of the agreement, and whether the parties had genuinely attempted to reach an agreement. The Commission also assessed whether the agreement provided employees with terms and conditions that were at least as good as those in the relevant modern award.

The Commission found that the agreement was a product of good faith bargaining, as both parties had engaged in genuine discussions and negotiations. The Commission considered the evidence of the negotiation process and concluded that the agreement met the statutory requirements. Regarding the "better off overall test", the Commission determined that the agreement provided employees with terms and conditions that were at least as good as those in the relevant modern award. The Commission approved the enterprise agreement, finding it met all statutory requirements.

The Fair Work Commission approved the GBF North Pty Ltd Enterprise Agreement 2014, finding it met the requirements of the Fair Work Act 2009. The Commission determined that the agreement was a product of good faith bargaining and satisfied the "better off overall test". The applicant's application for approval of the enterprise agreement was accordingly granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established