DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBF North Pty Ltd
(AG2018/4589)

GBF NORTH PTY LTD ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 FEBRUARY 2019

Application for approval of the GBF North Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GBF North Pty Ltd 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 GBF North Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 28 February 2019 and, in accordance with s.54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GBF North Pty Ltd sought approval of the GBF North Pty Ltd Enterprise Agreement 2018. The dispute centred on the application for approval of this enterprise agreement, which was to govern the employment conditions of workers employed by GBF North Pty Ltd. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained terms and conditions that were fair and reasonable, and whether it was an appropriate tool for facilitating efficient and productive workplace relations. Additionally, the Commission had to consider whether the agreement met the requirement of being a "better off overall test" for the employees covered by the agreement.

The Commission found that the agreement was made in compliance with the procedural requirements of the Act, and that the terms and conditions were fair and reasonable. The Commission was satisfied that the agreement facilitated efficient and productive workplace relations, and met the "better off overall test". Consequently, the application for approval of the enterprise agreement was approved. The Commission certified the agreement as a registered agreement, effective from the date of the decision, thereby providing certainty and stability to the employment conditions of the workers covered by the agreement.

GBF North Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established