GBG Concrete Construction Pty Ltd T/A GBG Summary

[2013] FWCA 3983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GBG Concrete Construction Pty Ltd T/A GBG
(AG2013/7027)

GBG CONCRETE & CONSTRUCTION PTY LTD ESSO BASS STRAIT ONSHORE FACILITIES CIVIL CONSTRUCTION CERTIFIED AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the GBG Concrete & Construction Pty Ltd Esso Bass Strait Onshore Facilities Civil Construction Certified Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GBG Concrete & Construction Pty Ltd Esso Bass Strait Onshore Facilities Civil Construction Certified Agreement 2013 (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 T/A GBG. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has 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 organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 June 2013. The nominal expiry date of the Agreement is 6 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of GBG Concrete Construction Pty Ltd T/A GBG involved an application for the approval of a certified agreement under the Fair Work Act 2009. The dispute arose between GBG Concrete Construction Pty Ltd and the Fair Work Commission. The Commission was tasked with determining whether the proposed certified agreement should be approved and registered, as it related to the terms and conditions of employment for workers involved in the Esso Bass Strait Onshore Facilities Civil Construction Project.

The legal issues before the Commission included whether the agreement met the requirements set out in the Fair Work Act for being a certified agreement, such as whether it had been fairly negotiated and if it included the necessary minimum entitlements. Additionally, the Commission needed to consider whether the agreement complied with the provisions for fair and equitable outcomes for the employees involved.

The Commission found that the agreement was fairly negotiated and included the requisite minimum entitlements. It was satisfied that the agreement provided fair and equitable outcomes for the employees, taking into account the specific circumstances of the project and the nature of the work. The Commission also noted the importance of the agreement in providing certainty and stability in the workplace, particularly in the context of a significant infrastructure project. The Fair Work Commission approved the GBG Concrete & Construction Pty Ltd Esso Bass Strait Onshore Facilities Civil Construction Certified Agreement 2013 and ordered its registration.

GBG Concrete Construction Pty Ltd T/A GBG

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established