GCO Pty Ltd

[2019] FWC 6235

[2019] FWC 6235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

GCO Pty Ltd
(AG2019/3269)

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 SEPTEMBER 2019

Application by GCO Pty Ltd – s 319

[1] GCO Pty Ltd (Applicant) has made an application pursuant to s 319 of the Fair Work Act 2009 (Cth) (Act) for an order that in short would see the GCO Electrical Enterprise Agreement 2018-2022 1(the Agreement) cover the Applicant in respect of non-transferring employees who perform the work contained within the classification structure of the Agreement.

[2] In particular, the Applicant has applied for an order in the following terms:

That the Agreement will cover: (a) five current non-transferring employees who perform transferring work for the Applicant and who fall under the classification in Schedule A of the Agreement; and (b) all future non-transferring employees to be employed to perform transferring work for the Applicant and who will fall under the classifications under Schedule A of the Agreement.

[3] The Applicant has filed the witness statement of Mr David Power, HR Coordinator of the Applicant, in support of the application. Regarding the views of the employees, Mr Power gave evidence that the views of the employees were sought and all five agreed to work in accordance with the Agreement as evinced by the employment contracts signed by all five. 2 Further, the Applicant submitted that the application was served on each of the five non-transferring employees on 3 September 2019, and none indicated they wished to oppose the application.

[4] I have taken into account the material provided by the Applicant in support of its application and the matters set out in ss 314 and 319 of the Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s 319(3) of the Act, support the making of the order. While the precise wording of the proposed order has not been adopted, an Order to this effect will be issued with this decision. 3

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501567  PR712107 >

 1   GCO Electrical Pty Ltd T/A GCO Electrical [2019] FWCA 595; AG2018/5900.

 2   Witness Statement of David Power.

 3   PR712106.