DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GCO Electrical Pty Ltd T/A GCO Electrical
(AG2018/5900)

GCO ELECTRICAL ENTERPRISE AGREEMENT 2018-2022.

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the GCO Electrical Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the GCO Electrical Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GCO Electrical Pty Ltd T/A GCO Electrical. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of GCO Electrical Pty Ltd, trading as GCO Electrical, a dispute was brought before the Fair Work Commission regarding the approval of the GCO Electrical Enterprise Agreement 2018-2022. The applicant, GCO Electrical, sought approval of the agreement which was proposed to govern the terms and conditions of employment for its employees within the electrical contracting industry. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically sections 230 and 231, which outline the criteria for approval of an enterprise agreement. The applicant had to demonstrate that the agreement had been made in good faith, provided for a streamlined and efficient process for resolving disputes, and met the “better off overall test” whereby employees were not worse off financially. Additionally, the agreement had to comply with the “no disadvantage test,” ensuring that no employee would be disadvantaged compared to their previous terms of employment.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both GCO Electrical and the relevant union. The Commission found that the agreement contained provisions that met the good faith and streamlined dispute resolution requirements. Moreover, the Commission was satisfied that the agreement passed the “better off overall test” as it provided for fair wages and conditions for the employees. The Commission also confirmed that the agreement did not result in any employee being worse off financially. Consequently, the Fair Work Commission approved the GCO Electrical Enterprise Agreement 2018-2022, recognising it as a certified agreement under the Fair Work Act 2009.

The final orders of the Fair Work Commission included the approval of the GCO Electrical Enterprise Agreement 2018-2022 as a certified agreement, effective from the date of the decision. This decision will govern the terms and conditions of employment for the employees of GCO Electrical for the specified period, until such time as a new agreement is negotiated or certified. The approval of the agreement ensures that the employees will be covered by the terms and conditions set out in the agreement, providing a stable and predictable work environment.

GCO Electrical Pty Ltd T/A GCO Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established