GCP Australia Pty Ltd

[2023] FWCA 78

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GCP Australia Pty Ltd

(AG2022/5391)

GCP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 10 JANUARY 2023

Application for approval of the GCP Australia Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the GCP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by GCP Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 9 January 2023.

The United Works 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, GCP Australia Pty Ltd, an employer, applied for the approval of an enterprise agreement proposed by the company. The Fair Work Commission (FWC) was tasked with reviewing the proposed agreement, which aimed to regulate the terms and conditions of employment for the employees of GCP Australia Pty Ltd. The employees, represented by a union, were contesting certain provisions of the agreement, particularly those related to wages, working hours, and dispute resolution mechanisms.

The legal issues central to this case revolved around the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. The FWC had to determine whether the agreement met the criteria for being a "modern award" as stipulated under the Act. This included examining whether the agreement provided for minimum rates of pay, classification, and conditions of employment that were not less favourable than those set out in the applicable modern award. Furthermore, the FWC had to ensure that the agreement contained adequate dispute resolution processes and did not unfairly disadvantage any party.

In its decision, the FWC found that the proposed agreement substantially complied with the requirements of the Act. The FWC noted that the agreement provided for wages that were in line with the relevant modern award and included appropriate provisions for working hours and leave entitlements. Additionally, the dispute resolution mechanisms in the agreement were deemed to be fair and effective. The FWC also considered the submissions from both parties and concluded that the agreement did not contain any terms that were contrary to public policy or that would otherwise render it unenforceable.

The FWC approved the GCP Australia Pty Ltd Enterprise Agreement 2022, subject to certain conditions. The approval was granted on the basis that the agreement would operate as a modern award for the purposes of the Act. The FWC emphasised the importance of ongoing communication and cooperation between the employer and the employees to ensure the smooth implementation of the agreement. The decision was communicated to both parties, and the approved agreement was to take effect from a specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established