GCE Contractors Pty Ltd

[2016] FWCA 1382

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GCE Contractors Pty Ltd

(AG2016/145)

GCE CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 3 MARCH 2016

Application for approval of the GCE Contractors Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

GCE Contractors Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GCE

Contractors Pty Ltd. 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will

operate from 10 March 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the GCE Contractors Pty Ltd Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. GCE Contractors Pty Ltd sought the approval, and the Agreement in question was a single enterprise agreement. The agreement did not cover all employees of the employer, but the Commissioner was satisfied that the group of employees was fairly chosen based on the factors in sections 186(3) and (3A) of the Act.

The legal issues before the Commissioner were whether the agreement met the requirements of sections 186, 187, and 188 of the Act, and if the group of employees was fairly chosen. The Commissioner found that the application met the necessary requirements, and that the group of employees was indeed fairly chosen.

The Commissioner approved the GCE Contractors Pty Ltd Enterprise Agreement 2015 on 3 March 2016, and it will operate from 10 March 2016. The nominal expiry date of the Agreement is 31 December 2018. The Commissioner's decision was based on the finding that the agreement met the necessary requirements and that the group of employees was fairly chosen.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established