GBG Concrete & Construction Pty Ltd Summary

[2025] FWCA 732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GBG Concrete & Construction Pty Ltd

(AG2025/295)

GBG CONCRETE & CONSTRUCTION PTY LTD ESSO OFFSHORE AND ONSHORE MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the GBG Concrete & Construction Pty Ltd Esso Offshore and Onshore Maintenance Services Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the GBG Concrete & Construction Pty Ltd Esso Offshore and Onshore Maintenance Services Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GBG Concrete & Construction Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and, the Construction, Forestry and Maritime Employees Union, each being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 4 March 2025. The nominal expiry date of the Agreement is 1 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the GBG Concrete & Construction Pty Ltd Esso Offshore and Onshore Maintenance Services Enterprise Agreement 2023-2026. The applicant, GBG Concrete & Construction Pty Ltd, sought to have the enterprise agreement recognised and enforced as a registered agreement under the Fair Work Act 2009. The dispute arose from the terms and conditions of employment outlined in the agreement and the procedural fairness in the negotiation process.

The central legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act and whether it was made in good faith and without coercion. The Commission had to examine if the agreement satisfied the criteria for being a lawful and fair enterprise agreement, including whether it provided for the resolution of disputes, and whether it adhered to the provisions regarding procedural fairness and good faith bargaining. The Commission also needed to consider the submissions from the parties and any relevant evidence presented regarding the negotiation process and the content of the agreement.

In reaching its decision, the Fair Work Commission considered the provisions of the Fair Work Act and the evidence presented by both parties. The Commission found that the agreement met the formal requirements under the Act and that the negotiation process was conducted in good faith. The terms of the agreement were deemed to be fair and reasonable, and no evidence of coercion was presented. The Commission concluded that the agreement should be approved and registered, ensuring that it would be enforceable and provide a framework for the employment relationship between the parties.

The final orders of the Commission were that the GBG Concrete & Construction Pty Ltd Esso Offshore and Onshore Maintenance Services Enterprise Agreement 2023-2026 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would govern the employment conditions of the employees covered by the agreement for the specified period. The decision confirmed the validity of the agreement and ensured that it would be recognised as a binding contract between the employer and the employees.

GBG Concrete & Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established